17.08.2026 Item No. 16. Court No.11. AB Calcutta High Court In the Circuit Bench at Jalpaiguri FAT 9 of 2024 Dulal Bishwasharma Vs Rakhal Chandra Das @ Swapan Kumar Das & Anr. Mr. Subhasish Mishra Mr. Satyajit Paul Mr. Rounak Ghosh ….for the Appellant. Ms. Suman Sehanabis, Mr. Salok Sah, Ms. A. Chakraborty ….for the Respondents. Dictated by Arijit Banerjee, J. 1. It appears that this appeal was inadvertently admitted by this Court. This Court does not have the pecuniary jurisdiction to entertain this appeal since the appeal is valued at Rs.1,04,000/-. Going by The Bengal, Agra and Assam Civil Courts (West Bengal Amendment) Act, 2000, this Court can entertain first appeals valued more than Rs.1.5 Lacs. 2. Accordingly, as requested by learned advocate for the appellant, leave is granted to withdraw this appeal, with liberty to file afresh before the appropriate Court. 3. FAT 9 of 2024 is dismissed as withdrawn, with liberty to file afresh before the appropriate Court having pecuniary jurisdiction in the matter. 2 4. Learned Advocate for the appellant says that the period during which the appeal was pending before this Court, should be excluded for the purpose of computing the limitation period. The appellant will be at liberty to make such prayer in terms of Section 14 of the Limitation Act before the Court where the appeal will now be presented. 5. Let the Trial Court Records be sent down to the Trial Court along with a copy of this order. 6. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Chaitali Chatterjee (Das), J.)