Palash Bag v. Mangala Mondal And ORS

AD-28 Ct No.16 29.04.2025 TN FMAT 325 of 2024 IA No: CAN 1 of 2024 Palash Bag Vs.

Mangala Mondal and others Mr. Sankar Paul, Mr. Sk. Toslim Ali, Ms. Kumari Shipra Roy ....for the appellant

1. At the outset, learned counsel appearing for the appellant fairly submits that the appeal is not maintainable before this court due to lack of pecuniary jurisdiction.

2. We find from the valuation statement in the plaint as well as the other relevant papers that such submission is justified.

3. Accordingly, FMAT 325 of 2024 along with the connected application, that is, IA No: CAN 1 of 2024 are dismissed as not maintainable due to lack of pecuniary jurisdiction, with liberty to the appellant to prefer an appeal before the appropriate court having pecuniary jurisdiction.

4. We further clarify that we have not gone into the merits of the matter at all.

5. The learned Advocate-on-record for the appellant is granted liberty to take back the certified copy of the impugned order upon furnishing a photocopy of the same for the records.

6. There will be no order as to costs.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)