Vikas Prashikshan Sansthan v. Chief Development Officer and 2 Others
First Appeal (Defective) – Maintainability – Suit valued below Rs.25 lakhs
Case brief
What is this about?
Allahabad High Court, First Appeal Defective No. 1265 of 2025 (decision dated November 21, 2025), Sandeep Jain, J. — Plaintiff Vikas Prashikshan Sansthan's first appeal under Section 96 C.P.C. against dismissal of its money suit for Rs.23,74,500/- with interest (O.S. No.54 of 2023, Civil Judge (Senior Division), Sonbhadra, judgment and decree dated 05.08.2025) filed directly before the High Court despite being cognizable by the Court of the District Judge due to suit valuation below Rs.25 lakhs; held not legally maintainable; appeal dismissed as withdrawn; office to return original documents and certified copy; court-fee deficiency of Rs.178,490 noted. Keywords: Section 96 CPC appeal, valuation below 25 lakh, District Judge jurisdiction, defective first appeal, withdrawal of appeal.
What did the court decide?
Appeal dismissed as withdrawn; the plaintiff-appellant may avail the appropriate remedy before the competent court, and the office is directed to return the original documents and the certified copy of the impugned judgment and decree to the learned counsel for the plaintiff-appellant, keeping a photocopy on record.