Gautam Sur v. Rekha Rani Sur and Anr.
Case brief
What is this about?
Maintainability of first appeal (F.A.T.) against decree on counter-claim valued at Rs.100/-; bar under Section 21(1)(a), Bengal, Agra and Assam Civil Courts Act, 1887; appeal dismissed as not maintainable; liberty reserved to assail self-same judgement and decree before appropriate Court; return of certified copy on replacement with photocopy; connected applications CAN 1 of 2022 and CAN 2 of 2022 dismissed; valuation of counter-claim and appellate jurisdiction; Harish Tandon, J.; Madhuresh Prasad, J.; decided 25.01.24.
What did the court decide?
Appeal dismissed as not maintainable, with liberty to the appellant to challenge the self-same judgement and decree before the appropriate Court; certified copy of the impugned judgement and decree to be returned to the learned Advocate on record of the appellant by the Assistant Court Officer upon replacement with photocopy thereof.