Extracted from the PDF above. The PDF is authoritative.
16th April, 2025 (AK) 50
F.M.A.T 112 of 2025 IA No: CAN 1 of 2025
Mansur Ali Vs. Saleha Bibi and others
Mr. Younush Mondal ...for the appellant.
Mr. Soumyajit Bhatta Mr. Tamal Chakraborty ...for the respondent no.1.
1. On query of court, a copy of the complete plaint is handed over by learned counsel for the defendants/respondents.
2. We find therefrom that the total valuation of the suit, as depicted in the plaint, is Rs.400/- (being Rs.300/- for declaration and Rs.100/- for injunction).
3. Accordingly, the appeal is not maintainable before this court due to lack of pecuniary jurisdiction.
4. Hence, FMAT 112 of 2025 is dismissed as not maintainable due to lack of pecuniary jurisdiction, with liberty to the appellant to prefer an appeal on the self-same grounds before the appropriate court having pecuniary jurisdiction, subject to limitation.
5. Leave is granted to the learned Advocate-on-record for the appellant to take back the certified copy of the impugned order upon furnishing a photocopy of
2 the same, duly approved by the learned Advocate for the appellant, for the records.
6. CAN 1 of 2025 is dismissed consequentially without any order as to costs.
7. The copy of the plaint handed over in court today be kept on record.
(Sabyasachi Bhattacharyya, J.)
(Uday Kumar, J.)