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2017 DIGILAW 255 (CAL)

Annapurna Ashray Private Limited @ Annapurna Ashray v. Steelco Brick Field @ Stilco Brickfield

2017-03-06

JYOTIRMAY BHATTACHARYA, R.K.BAG

body2017
JUDGMENT : Jyotirmay Bhattacharya, J. The instant first miscellaneous appeal arises out of an order passed by the learned Civil Judge (Junior Division), 2nd Court at Basirhat, North 24-Parganas on 16th September, 2016 in Misc. Case No. 38 of 2011. Having regard to the fact that the valuation of the appeal is Rs. 31,150/-, the appeal will not lie before this Court in view of the provision contained in Section 21 of the Bengal, Agra and Assam Civil Courts (Amendment) Act, 2000. Hence, we dismiss this appeal on the ground of lack of jurisdiction of this Court. 2. It is, however, made clear that this order of dismissal of the appeal will not preclude the appellants from challenging the impugned order before the appropriate forum in accordance with law. 3. On the prayer of the learned advocate appearing for the appellants, we permit the learned advocate-on-record of the appellants to take back the certified copy of the impugned order by supplying a true photostat copy of the same from the concerned department. 4. In view of dismissal of the appeal in the manner as aforesaid, no further order need be passed on the application being CAN 10489 of 2016. The said application is, thus, deemed to be disposed of.