P.M.Murali v. Brij Kishore Singh And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/25/2024 P.M.Murali Vs.

Brij Kishore Singh and others Mr. Nadeem Akhtar Khan ... for the petitioner Ms. A.S.Zinu ... for the Respondents August 05th, 2024 [AKB] Item No. 10 This instant civil revision has filed against the order passed by the learned District Judge whereby memo of appeal preferred before him was returned in view of the fact that he had no pecuniary jurisdiction to entertain the appeal.

Mr. Khan learned counsel appearing for the petitioner submitted that Special Leave Petition application is pending before the Hon'ble Supreme Court touching upon the issue, the District Judge should wait for outcome of the same.

Ms. Zinu, learned counsel appearing for the respondent submitted that when a court has no jurisdiction any order would be a nullity; a court should not be saddled with burden of litigation which the court is not authorized to hear, under the law.

I have heard rival submission.

Bengal, Agra and Assam Civil Courts Act, 1887 provides that jurisdiction of the District Judge to hear the appeal is up to Rs. 1,50,000/-. This issue was discussed elaborately by the Division Bench in terms of the Order dated 19.10.2023. The learned District Judge relied upon the same. There is no error in the impugned Order dated 27.06.2024 passed by the learned District Judge. Therefore, the instant civil revision is dismissed without any costs.

The instant application is disposed of along with pending application, if any.

(Sugato Majumdar, J.)