Sabita Das and Anr. v. Dibakar Manna and Ors.
Case brief
What is this about?
Maintainability of appeal before the High Court; suit valuation dispute: Memorandum of Appeal Rs. 200/- versus plaint valuation Rs. 1,00,051/-; Stamp Reporter's report; Section 21(1)(a), Bengal, Agra and Assam Civil Courts Act, 1887; appeal dismissed as 'not maintainable'; connected application CAN 1 of 2024 dismissed as infructuous; appellants at liberty to challenge selfsame order before appropriate forum; return of certified copy to Advocate-on-Record; FMAT; bench: Harish Tandon, Madhuresh Prasad; decision dated 03.04.2024.
What did the court decide?
Even though the plaint values the relief at Rs. 1,00,051/- (far above the Rs. 200/- reflected in the Memorandum of Appeal), the appeal before the High Court is not maintainable under Section 21(1)(a) of the Bengal, Agra and Assam Civil Courts Act, 1887, and the appeal is accordingly dismissed as 'not maintainable'.