Saheb Ali Molla v. Yeachin Molla & ORS

28.01.2021 SL No.28 Court No.12 (gc) FMAT 96 of 2020 With CAN 1 of 2020 (Old No: CAN 888 of 2020) With CAN 2 of 2020 Saheb Ali Molla Vs.

Yeachin Molla & Ors.

(Via Video Conference) The appellant is not represented either physically or on virtual mode, nor any accommodation is prayed for on behalf of the appellant. On the earlier occasion, the appellant was also not represented.

We have considered the report filed by the Additional Stamp Reporter. It appears that the appeal is not maintainable under Section 21(1)(a) of the Bengal, Agra and Assam, Civil Court (W.B. Amendment) Act, 2000. In view thereof, the appeal and the connected applications stand dismissed as not maintainable. This order, however, shall not prevent the appellant to take appropriate steps in accordance with law. In the event the appeal is presented before the appropriate forum within a period of four weeks from date, the appellant shall be entitled to the benefit of Section 14 of the Limitation Act, 1963. The department is directed to return the certified copy of the impugned order to the learned Advocate-on-record of the appellant upon furnishing a Photostat copy thereof. (Aniruddha Roy, J.) (Soumen Sen, J.)