The court dismissed an appeal as withdrawn with liberty to file in the appropriate appellate court within three weeks, noting the first appeal was not maintainable due to valuation limits.
Appeal dismissed as withdrawn; liberty given to file appeal in appropriate court within three weeks.
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Neutral Citation No. - 2024:AHC:113753
Court No. - 35
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 354 of 2024
Appellant :- Smt Mithilesh Kushwaha Respondent :- Smt Prabha Devi And 7 Others Counsel for Appellant :- Pankaj Kushwaha,Suresh Chandra Kushwaha
Hon'ble Vipin Chandra Dixit,J.
Heard Sri S.C. Kushwaha, learned counsel for the appellant and perused the record.
This first appeal from order under Order 43 Rule 1(r) of C.P.C. has been filed by the plaintiff-appellant against the order dated 03.01.2024 passed by Civil Judge (Junior Division), Kanpur Dehat by which application filed by plaintiff-appellant under Order 39 Rule 1 & 2 of C.P.C. (Paper No.- 6C) was rejected.
The Stamp Reporter has reported that since the valuation of appeal is below Rs. 25,00,000/-, the first appeal from order is not maintainable before this Court.
Learned counsel for the appellant submits that on account of wrong advice, the present appeal has been preferred before this Hon'ble Court and it may be dismissed as withdrawn with liberty to file appeal before the appropriate court.
In view of statement of learned counsel for the appellant, the appeal is dismissed as withdrawn with liberty to the plaintiffappellant to file appeal before the appropriate court.
If the appeal will file within three weeks from today, the appropriate appellate court will decide the appeal on merits, without raising any objection to the delay.
Certified copy of impugned order is returned to the learned counsel for the appellant after retaining photo copy of the same in the record.
Order Date :- 16.7.2024 Virendra
Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the first appeal is maintainable given the valuation below Rs. 25,00,000/-
2 provisions across 1 enactments
Smt Mithilesh Kushwaha
Smt Prabha Devi
Vipin Chandra Dixit
Virendra Kumar Bharteey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
