Zafrullah Khan And ORS v. Mahelaka Khanam And ORS

29.08.2025 Sl No.1 Court No.16 (gc) FMAT 232 of 2025 CAN 1 of 2025 Zafrullah Khan & Ors.

Vs.

Mahelaka Khanam & Ors.

Mr. Md. Mauroz Rahber, Ms. Sahina Parvin ...for the Appellants.

1.

We accept the report filed by the Additional Stamp Reporter as to the maintainability of the appeal before this Court.

2.

In view of Section 21(1)(a) of the Bengal, Agra and Assam, Civil Court (W.B. Amendment) Act, 2000, this appeal is not maintainable in this Court. 3.

Accordingly, the appeal and the application stand dismissed for want of jurisdiction.

4.

However, this order shall not prevent the appellants to take appropriate steps in accordance with law.

5.

In the event the appeal is presented before the appropriate forum within a period of three weeks from date, the appellant shall be entitled to the benefit of Section 14 of the Limitation Act, 1963. 6.

The certified copy of the impugned judgment shall be returned to the learned Advocate-on-record for the appellants in order to enable the appellants to

present the appeal before the appropriate Court or forum.

7.

The department shall retain photocopy of the said judgment in record.

(Soumen Sen, J.) (Apurba Sinha Ray, J.)