The Calcutta High Court held that the District Judge at Port Blair possesses unlimited pecuniary and territorial jurisdiction to hear appeals from judgments, decrees, and final orders passed by subordinate civil courts in the Andaman and Nicobar Islands.
The aforesaid order was passed by three-judge bench comprising Justice Sabyasachi Bhattacharyya, Justice Rajarshi Bharadwaj and Justice Shampa Sarkar while answering a reference as constituted by the administrative order of the Chief Justice dated 09.06.2025 concerning the appellate hierarchy of civil courts in the Union Territory.
The Court decided the Civil Appeal filed by Andaman Plantations and Development Corporation Pvt. Ltd and clarified that such appeals must be filed before the District Judge, Port Blair, and not before the High Court.
According to the petition the main issue before the High Court is to,
“Whether the learned District Judge at Port Blair, Andaman and Nicobar Islands has unlimited pecuniary and territorial jurisdiction to hear appeals from all judgments, decrees and final orders of all subordinate courts within the Andaman Islands by virtue of Notification No. 78/54 dated August 8, 1954 issued by the Chief Commissioner, A&N Islands, since the operation of the Bengal, Agra and Assam Civil Courts Act, 1887 does not extend to the Union Territory of the Andaman and Nicobar Islands.”
In the matter, the reference arose from a Division Bench of the Circuit Bench at Port Blair in Andaman Plantations and Development Corporation Pvt. Ltd. vs Union of India & Ors. (FAT 4 of 2025), which disagreed with the view taken by a Coordinate Bench in Robin Bagchi vs. Dr. M. Joy & Ors. (FAT 3 of 2022).
In fact, the decision in FAT 3 of 2022 is under challenge before the Supreme Court, which stayed the impugned order and requested the Calcutta High Court to decide the reference.
The Court noted that,
“Under such circumstances, the decision of the Division Bench in FAT 4 of 2025 is held to be correct. The learned District Judge, Port Blair, Andaman and Nicobar Islands has unlimited jurisdiction both pecuniary and territorial to hear all appeals irrespective of valuation, from judgments, decrees and final orders passed by every civil court under the District Court within the Andaman and Nicobar Islands.”
During the hearing, the Court found that in FAT 3 of 2022, a Division Bench of the Calcutta High Court held that, by virtue of the Calcutta High Court (Extension of Jurisdiction) Act, 1953 and Chapter XVIII of the Appellate Side Rules, the Circuit Bench at Port Blair was empowered to hear all cases arising from the Andaman and Nicobar Islands.
The Division Bench further observed that the Circuit Bench could entertain first appeals from decrees of subordinate courts where the valuation exceeded Rs.1,50,000/- including the appeal arising from the judgment of the Joint Civil Judge (Senior Division), South Andaman District at Port Blair.
Before the Division Bench, the original suit was valued at Rs. 5,00,000/- and it was held that the learned District Judge, Andaman and Nicobar Islands did not have the pecuniary jurisdiction to entertain the appeal.
Later on, FAT 4 of 2025 was instituted against the judgment and decree dated 24.04.2025 which was passed by the learned Joint Civil Judge (Senior Division) at Port Blair, South Andaman in Title Suit No. 157 of 2016 and it was valued at 10,10,000/-.
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The Division Bench showed dissatisfaction with the decision passed in FAT 3 of 2022 and held that it was based on Chapter XVIII of the Appellate Side Rules and would not govern either the hierarchy or the appellate jurisdiction of the District Judge.
The Division Bench was also of the opinion that Notification No. 78/54 dated 08.11.1954 issued by the Chief Commissioner of Andaman and Nicobar Islands would prevail.
In the instant Civil Appeal, the Court discussed in detail the various provisions of Bengal, Agra and Assam Civil Courts Act, 1887, Bengal Civil Court Act, 1871, Scheduled Districts Act, 1874, Government of India Act, 1935.
Significantly, the Court ruled that,
“The 1887 Act does not extend beyond the territorial limits of Bengal. The notification of 1954 issued by the Chief Commissioner derived its authority from the 1940 Regulations. The said Regulation read with the 1874 Act and the 1995 Act, holds the field, insofar as, the territorial and pecuniary appellate jurisdiction of the islands is concerned. The decision of the Division Bench in FAT 3 of 2022 is based on the 1953 Act and the Appellate Side Rules. The 1953 Act is limited in its operation and does not either create or alter the hierarchy of appellate jurisdiction of the District Court and the subordinate courts within the Andaman and Nicobar islands.”
In the instant matter, the Court also emphasized that,
“By the 1953 Act, the powers of the Calcutta High Court was extended to the union territory of Andaman and Nicobar islands without any change as to the appellate hierarchy of the civil courts in the said islands. The appellate hierarchy of the civil courts in the said islands will be governed exclusively by the 1940 Regulations and the notification of 1954 and thereafter. The Appellate Side Rules, are rules of procedure which were extended to the appellate jurisdiction of the Calcutta High Court in the Circuit Bench of Andaman and Nicobar islands. The said Rules did not deal with the territorial and pecuniary jurisdiction of the appellate court of the District Judge.”
Accordingly, the Court answered the reference.
Case: Andaman Plantations and Development Corporation Pvt Ltd vs Union of India & Ors
Date of Order: 09.03.2026
See the Order: Andaman Plantations and Development Corporation Pvt Ltd vs Union of India & Ors
