Namita Das v. Shyam Sundar Das And ORS

AD -11 Ct No.16 10.12.2025 (SSS) FMAT 405 of 2025 with CAN 1 of 2025 Smt. Namita Das Vs.

Sri Shyam Sundar Das and Ors.

Ms. Anjali Mishra ....For the Appellant.

1.

It transpires from the Additional Stamp Reporter's report that the valuation of the appeal and the suit from which the same arises is Rs.1,00,400/-.

2.

We also find from the plaint annexed to the connected application that the valuation of the suit was the same.

3.

Hence, this court does not have pecuniary jurisdiction to entertain the appeal.

4.

Accordingly, FMAT 405 of 2025 is dismissed due to lack of pecuniary jurisdiction, with liberty to the appellant to prefer an appeal against the impugned order before the appropriate District Court having jurisdiction.

5.

If such an appeal is preferred within a reasonable period, the time spent due to the pendency of the appeal before this court shall be

taken into consideration within the contemplation of Section 14 of the Limitation Act, 1963.

6.

Leave is granted to the learned advocate-onrecord for the appellant to take back the certified copy of the impugned order from the department, upon furnishing a photocopy of the same for the records.

7.

CAN 1 of 2025 is consequentially disposed of. 8.

There will be no order as to costs.

9.

The parties shall act on the server copy of this order, duly downloaded from the official website of this court.

(Sabyasachi Bhattacharyya, J.) (Supratim Bhattacharya, J.)