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Calcutta High CourtFMAT/329/2022dismissed

Dipak Singh And ANR v. Emami Reality Ltd And ORS

2023-06-20Hon'Ble Justice Harish Tandon,Hon'Ble Justice Prasenjit Biswas2 pages

F.M.A.T. 329 of 2022 20.06.23 CAN 1 of 2022 Ct. No. 04 Mr. Dipak Singh & Anr.

Vs.

Emami Reality Limited & Ors.

-------- akd Mr. Anish Das.

... for the appellants.

Though the instant appeal has been filed beyond the statutory period provided for an appeal filed before the High Court, the instant appeal is not maintainable having preferred against the order passed by the learned Civil Judge (Junior Division) in a suit valued at Rs.150/- in view of the provisions contained under Section 21(1)(a) of the Bengal, Agra and Assam Civil Courts Act.

Hence the appeal is dismissed having filed before the wrong forum.

The certified copy of the impugned order shall be returned to the learned Advocate on record of the appellants upon replacement of a photocopy thereof. In view of the above, the appeal is dismissed. Consequently the connected application is also dismissed.

(Harish Tandon, J.) (Prasenjit Biswas, J.)