Smti Bhanumati Das v. Shri Bijay Halder

Calcutta HC1 Jul 2026FMAT/5/2024

Case brief

AI extract

What is this about?

pecuniary jurisdiction; unlimited jurisdiction of learned District Judge, Port Blair; Andaman and Nicobar Islands; appeal returned for want of pecuniary jurisdiction; section 21(1) Bengal, Agra and Assam Civil Courts Act, 1887; Title Appeal No.22 of 2014; Additional District Judge; Three Judges Bench order dated 9th March, 2026; FAT/3/2022 order dated 19th October, 2023; irrespective of valuation; impugned order set aside; appeal disposed of within sixty days; FMAT/5/2024; CAN/2/2024; CAN/3/2026.

What did the court decide?

Impugned order dated 5th February, 2024 set aside; learned District Judge directed to hear Title Appeal No.22 of 2014 himself or get it heard by the learned Additional District Judge, after notice to all concerned parties, preferably within sixty days from receipt of the order; connected applications disposed of.

Smti Bhanumati Das Vs Shri Bijay Halder — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶17

Issue for consideration

Whether the learned District Judge, Port Blair, Andaman and Nicobar Islands has unlimited pecuniary and territorial jurisdiction to hear the appeal, irrespective of valuation, notwithstanding the return of the appeal for want of pecuniary jurisdiction under section 21(1) of the Bengal, Agra and Assam Civil Courts Act, 1887.

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Court's answer

In view of the order of the Three Judges' Bench dated 9th March, 2026, the learned District Judge has unlimited jurisdiction, both pecuniary and territorial, to hear the appeal irrespective of valuation.

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Ratio / Principle

The instant appeal is disposed of by setting aside the impugned order dated 5th February, 2024, with a direction that the learned District Judge hear the appeal either by himself or get it heard by the learned Additional District Judge.

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Key takeaways

Prior to hearing the appeal, notice should be given to all the concerned parties, and the appeal should preferably be disposed of within sixty days from the date of receipt of this order.ratio¶¶18

Detailed headnote1 paragraphs

High Court at Calcutta, Circuit Bench at Port Blair — FMAT/5/2024, decided July 01, 2026 (Sugato Majumdar and Om Narayan Rai, JJ.). Appeal against order dated 5th February, 2024 of the learned Additional District Judge in Title Appeal No.22 of 2014 returning the appeal for want of pecuniary jurisdiction in terms of section 21(1) of the Bengal, Agra and Assam Civil Courts Act, 1887, read with the order of this Court in FAT/3/2022 dated 19th October, 2023. Relying on the order of the Three Judges' Bench of this Court dated 9th March, 2026 that the learned District Judge, Port Blair, Andaman and Nicobar Islands has unlimited jurisdiction, both pecuniary and territorial, to hear appeals irrespective of valuation from judgments, decrees and final orders of every civil court under the District Court within the Islands, the appeal was disposed of setting aside the impugned order, with a direction that the learned District Judge hear the appeal himself or get it heard by the learned Additional District Judge, after notice to all concerned parties, preferably within sixty days from receipt of the order. Connected applications (IA NO: CAN/2/2024, CAN/3/2026) also disposed of.

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IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ]

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FMAT/5/2024

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(IA NO: CAN/2/2024, CAN/3/2026)

Smti. Bhanumati Das

Vs.

Shri Bijay Halder

Mr. N. A. Khan

… for the appellant

Ms. A. S. Zinu … for the respondent

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July 01, 2026 [SR] Item No.8

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The order passed in the three Judges Bench of this Court dated 9^th March, 2026, should be relied upon for hearing of this appeal.

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In terms of the aforesaid order, the Bench came to the conclusion and decided that the learned District Judge, Port Blair, Andaman and Nicobar Islands has unlimited jurisdiction both pecuniary and territorial to hear the appeals, irrespective of the valuation, from judgments, decrees and final orders passed by every civil court under the District Court within the Islands.

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Genesis of this appeal is an order dated 5^th February, 2024 passed by the learned Additional District Judge in Title Appeal No.22 of 2014 whereby the appeal was returned for want of pecuniary jurisdiction in terms of section 21(1) of the Bengal, Agra and Assam Civil Courts Act, 1887 as well as the order passed by this Court in FAT/3/2022 dated 19^th October, 2023.

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In view of the order passed by the Three Judges’ Bench, it is clear that the learned District Judge has unlimited jurisdiction.

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Accordingly, the instant appeal is disposed of setting aside the impugned order dated 5^th February, 2024 directing the learned District Judge to hear the appeal either by himself or get it heard by learned Additional District present herein.

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Needless to say that prior to hearing the appeal, notice should be given to all the concerned parties. It is expected that the learned District Judge or the Additional District Judge, as the case may be, shall dispose of the appeal preferably within sixty days from the date of receipt of this order.

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The instant appeal stands disposed of. Consequently, the connected applications are also disposed of.

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(Sugato Majumdar, J.)

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(Om Narayan Rai, J.)

Smti Bhanumati Das v. Shri Bijay Halder

Case brief

What is this about?

What did the court decide?

Smti Bhanumati Das v. Shri Bijay Halder

Case brief

What is this about?

What did the court decide?

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What the court decided

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