Page No.# 1/4 vs Sri Bijon Kumar Paul And Anr
2022 Latest Caselaw 2297 Gua

                                                               Page No.# 1/4

GAHC010292162019




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : RFA/24/2022

         UTTAM CHANGMAI AND 7 ORS
         A/O SRI DURGESWAR CHANGMAI
         PRESENT RESIDENT OF WARD NO. IV, SONARI TOWN, BORGOLA, PO AND
         PS SONARI, CHARAIDEO, SIVASAGAR, ORIGINAL RESIDENT OF BHOJU
         GAON, PO BHOJO, PS SONARI, CHARAIDEO, SIVASAGAR, ASSAM

         2: SMTI RAJASHREE CHANGMAI
         W/O SRI UTTAM CHANGMAI
         PRESENT RESIDENT OF WARD NO. IV
          SONARI TOWN
          BORGOLA
          PO AND PS SONARI
          CHARAIDEO
          SIVASAGAR
          ORIGINAL RESIDENT OF BHOJU GAON
          PO BHOJO
          PS SONARI
          CHARAIDEO
          SIVASAGAR
         ASSAM

         3: SRI DHUP NATH MAHATO
          S/O LATE RAMPRASAD MAHATO

         FRUIT SELLER
         GHOMMTI SHOP
         NEAR BORGOLA
         WARD NO. 4
         SONARI TOWN
         PO AND PS SONARI
         DIST CHARAIDEO


         4: SRI KRISHNA PADA GHOSH
                                  Page No.# 2/4

S/O LATE JYOTISH CHANDRA GHOSH
FRUIT SELLER
GHOMMTI SHOP
NEAR BORGOLA
WARD NO. 4
SONARI TOWN
PO AND PS SONARI
DIST CHARAIDEO


5: SRI KISHORE RAM
 S/O LATE BISUNDEB RAM
FRUIT SELLER
 GHOMMTI SHOP
 NEAR BORGOLA
WARD NO. 4
 SONARI TOWN
 PO AND PS SONARI
 DIST CHARAIDEO


6: SRI BHIM SAH
 S/O LATE BANGALI SAH

FRUIT SELLER
GHOMMTI SHOP
NEAR BORGOLA
WARD NO. 4
SONARI TOWN
PO AND PS SONARI
DIST CHARAIDEO


7: SRI BAPPI GHOSH
 S/O JUGESH CHANDRA GHOSH
FRUIT SELLER
 GHOMMTI SHOP
 NEAR BORGOLA
WARD NO. 4
 SONARI TOWN
 PO AND PS SONARI
 DIST CHARAIDEO


8: SRI CHANDAN THAKUR
 S/O LATE BOLESWAR THAKUR
OWNER OF HAIR CUTTING SALOON
 GHOMMTI SHOP
                                                                    Page No.# 3/4

              NEAR BORGOLA
              WARD NO. 4
              SONARI TOWN
              PO AND PS SONARI
              DIST CHARAIDE

            VERSUS

            SRI BIJON KUMAR PAUL AND ANR
            S/O LATE BIRENDRA KUMAR PAUL,
            RESIDENT OF WARD NO. IV, SONARI TOWN, BORGOLA, PO AND PS
            SONARI, CHARAIDEO, SIVASAGAR,

            2:SRI BIBHASH RANJAN PAUL
             S/O LATE BIRENDRA KUMAR PAUL

            RESIDENT OF WARD NO. IV
            SONARI TOWN
            BORGOLA
            PO AND PS SONARI
            CHARAIDEO
            SIVASAGA

Advocate for the Petitioner   : MR. J C GOGOI

Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                          ORDER

30.06.2022

Heard Mr. B. Islam, the learned counsel appearing on behalf of the appellants.

This is an appeal against the Judgment and Decree dated 29.11.2019 passed in T.S. No. 60/2016.

A perusal of the plaint shows that the suit has been valued at Rs.

Page No.# 4/4

7,50,000/-. As at the time of the filing of the instant appeal the pecuniary appellate jurisdiction of the District Judge was up till 5 Lacs, the instant appeal was filed before this Court.

However, in view of the Bengal, Agra And Assam Civil Courts, Amendment

Act, 2020, dated 19th October, 2020 as well as the Bengal, Agra and Assam Civil Courts (Assam Amendment) Act, 2021 the pecuniary jurisdiction of the District Judge has been enhanced from Rs. 5 Lacs to Rs. 20 Lacs.

Consequently, the Court of the District Judge, Charaideo, has the pecuniary jurisdiction to entertain the instant appeal. As a result of which, this Court, therefore, directs the Registry of this Court forthwith to transmit the records of the instant appeal to the Court of the District Judge, Charaideo, Sivasagar, who shall dispose of the appeal in accordance with law.

JUDGE

Comparing Assistant