D/L.4 & 5.

January 19, 2026.

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MNS FMA No. 1347 of 2025 +

CAN 1 of 2025 Rajat Nandi Vs.

Srabani Ghosh (Paul)

with FAT 358 of 2025 +

CAN 1 of 2025 +

CAN 2 of 2025 +

CAN 3 of 2025 Rajat Nandi Vs.

Srabani Ghosh Paul and another Mr. Prantick Ghosh, Mr. Siddhartha Sarkar, Mr. Sourav Gupta … for the appellant.

Mr. Souradipta Banerjee, Mr. Rudranil Mitra, Mrs. Fatima Hassan …for the respondent no. 1.

1. The affidavit-of-service filed in Court today be kept on record.

2. At the outset, an objection as to maintainability of the First Miscellaneous Appeal is raised by learned counsel for the respondent no. 1 on the ground that by its very nature, the miscellaneous case under Order XXI Rules 97 to 101 of the Code of Civil Procedure (Code), under which provision the case was filed and from which the appeal arises, is incapable of valuation.

3. The impugned order having been passed by the learned Civil Judge (Senior Division), it is submitted that this Court does not have pecuniary determination to take up the matter but the appeal ought to have been filed before the concerned District Judge.

4. However, although it is true that under the Civil Rules and Orders framed by this Court, an application under Orde