Smt Mamata Mazumder & ORS v. Sikha Majumdar

AG 11.01.

FAT 340 of 2019 M Ct With CAN 1 of 2019 (Old CAN 7190 of 2019) With CAN 2 of 2019 (Old CAN 7191 of 2019) (Via Video Conference) Smt. Mamata Mazumder & Ors vs Sikha Majumdar & Ors Mr. Shyamal Mukhopadhyay, Mr. Hironmoy Ghosh, ... For the Appellants.

Mr. Manik Das, ... For the Respondents.

CAN 7191 of 2019 Seen the report of the Stamp Reporter on the reverse past page of the Memorandum of Appeal. It is indicated therein that the appeal is not only time barred but is not maintainable before this Court against the judgment and decree passed by the learned Civil Judge (Senior Division) having a value of Rs. one lakh only. In view of Section 21 of the Bengal, Agra, Assam Civil Courts Act, the judgment and decree of the Civil Judge (Senior Division) where a value of the litigation is below Rs. 1,60,000/- is required to be filed before the District Judge and the rest before this Court. Since the subject matter of dispute is valued at Rs. one lakh below the ceiling limit, the instant appeal is not maintainable before us.

We, therefore, ignore the other report of the

Stamp Reporter that the instant appeal is time barred. The appeal is dismissed as not maintainable.

The learned advocate on record of the appellants is permitted to take back the certified copy of the judgment and decree upon production of the photostat copy.

(Harish Tandon, J) (Kausik Chanda , J)