Abdul Azij And ORS v. Tossin Ali And ORS

13.06.2024 (M/L-73) Ct.-19 (Susanta) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION C.O. 386 of 2024 Abdul Azij & Ors.

-Vs- Toasin Ali & Ors.

Mr. Mukteswar Maity, Ms. Manika Sarkar ... For the Petitioners.

The value of the suit being Rs. 100, the 2nd Court of learned Civil Judge (Senior Division) at Malda, by the order impugned, has rightly returned the plaint of the Title Suit No. 24 of 2023 to the plaintiffs/petitioners for filing of it before the Court having pecuniary jurisdiction.

This Court does not find any illegality and/or infirmity in the order impugned warranting interference. C.O. 386 of 2024 is dismissed without any order as to costs.

Mr. Maity, learned advocate for the petitioners submits that his clients have not taken back the plaint of the said suit. The petitioners are at liberty to take back the same and to re-file it before the proper Court expeditiously. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)