SHRI.P.M.MURALI v. SHRI.BRIJ KISHORE SINGH AND ORS.
FAT/2/2024 · 2026-07-02
Om Narayan Rai, Sugato Majumdar
Original Suitbody2024
DailyLaw.ai
[ 2024 DAILYLAW 2189 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 2189 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] ***
FAT/2/2024 (IA NO: CAN/3/2024, CAN/4/2025, CAN/5/2026)
Shri P. M. Murali
Vs. Shri Brij Kishore Singh and Others
Mr. Nadeem Akhtar Khan
… for the appellant
Ms. A. S. Zinu
… for the respondents July 02, 2026 [SR] Item No.1
1. The instant First Appeal is tendered against the judgment dated 29.11.2019 in Other Suit No.39 of 2014 passed by the Joint Civil Judge, Senior Division, Port Blair. Earlier an appeal had been preferred before the learned District Judge. It was registered as Other Appeal No.21 of 2019. 2. In terms of the order dated 27.06.2024, the learned District Judge returned the appeal observing that the District Judge of Andaman and Nicobar Islands has no jurisdiction to proceed with an appeal where valuation of any suit exceeds Rs.1,50,000/-. Valuation of the original suit, herein, was Rs.7,50,000/-. Coming to the conclusion that the learned District Judge has no pecuniary jurisdiction to entertain the appeal, the memorandum of appeal was returned. 3. The learned District Judge relied upon the judgment passed by the Division Bench in FAT/03/2022 where the Division Bench held that the District Judge of Andaman and Nicobar Islands has no jurisdiction to proceed with an appeal whose valuation is more than Rs.1,50,000/- since the same infringes the Bengal, Agra, Assam Civil Courts Act, 1887. 2
4. Subsequent to passing of the order by the Division Bench, the Larger Bench considered the issue in FAT/4/2025 along with FAT/3/2022 where the Three Judges’ Bench observed, in terms of the order dated 09.03.2026, that the District Judge, Port Blair, Andaman and Nicobar Islands has unlimited pecuniary jurisdiction to entertain any appeal. 5. In view of the order passed by the three Judge’s Bench, this memo of appeal along with the certified copy of the impugned order are returned to be filed before the learned District Judge. 6. Accordingly, this FAT/2/2024 stands disposed of along with pending applications. 7. It is made clear that pendency of the appeal before this Court shall be taken into consideration while calculating the period of limitation. 8. The learned District Judge shall hear the appeal after giving notice to the parties and shall dispose of the same preferably within a period of two months from the date of receipt of the Trial Court Records. 9. Let Trial Courts Records be returned forthwith.
(Sugato Majumdar, J.)
(Om Narayan Rai, J.)