Calcutta High CourtFMAT/328/2025dismissed as not maintainable

Anup Kr Bera And ANR v. Shakti Pada Bera And ANR

2025-09-26Hon'Ble Justice Soumen Sen, Chief Justice (Acting),Hon'Ble Justice Apurba Sinha Ray1 pages

26.09.2025 Item No.6 Ct. No.01 Saikat FMAT/328/2025 ANUP KR BERA AND ANR.

VS.

SHAKTI PADA BERA AND ANR.

Mr. Sabyasachi Mondal, Adv.

Ms. Payel Khanra, Adv.

Mr. Sarthak Dey, Adv.

Mr. Arijeet Bera, Adv.

...For the Respondents

1. The appellants are not represented.

2. However, it appears that the appeal is preferred against an order passed by the Civil Judge, Junior Division, 2nd Court, Contai, Purba Medinipur, in a suit valued at Rs.1,18,800/- only.

3. This appeal is not maintainable in this court in view of the provision laid under section 21(1)(a) of the Bengal, Agra and Assam Civil Courts (West Bengal Amendment) Act, 2000.

4. Accordingly, this appeal is dismissed as not maintainable.

5. However, this order shall not prevent the appellants from preferring appeal before the appropriate forum and any time spent in this court shall be excluded for the purpose of limitation under section 14 of the Limitation Act, 1963.

6. The original certified copy filed along with the appeal shall be returned to the learned advocate for the appellants whenever he will file the appeal before the appropriate court.

[SOUMEN SEN, C.J.(ACTING)] (APURBA SINHA RAY, J.)