The High Court held that a First Appeal from a Civil Judge is not maintainable. The appeal was treated as pending before the District & Sessions Judge, Shahdara, and the file was remitted there for disposal.
The file sent to the District & Sessions Judge, Shahdara, for disposal as a First Appeal.
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versus
HANSRAJ BANSAL ..... Respondent Through: Respondent in person.
CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA
O R D E R % 04.09.2017
Impugned order which is challenged in this Execution First Appeal is an order which is passed by Civil Judge. An appeal against the order by a Civil Judge will lie before the District Judge/Additional District Judge and therefore, appeal is not maintainable in this court.
At request of the appellant, therefore, this matter is treated as a First Appeal and the First Appeal will be treated as having been filed before the court of the District & Sessions Judge, Shahdara Courts, Karkardooma, Delhi.
Let the file of this case be sent to District & Sessions Judge, Shahdara Courts, Karkardooma, Delhi on 17.10.2017 and the District & Sessions Judge will mark the First Appeal for disposal to a competent court in accordance with law.
VALMIKI J. MEHTA, J.
SEPTEMBER 04, 2017/‘AA’
1 issue framed by the court
Whether a First Appeal from an order passed by a Civil Judge is maintainable in the High Court before the District Judge.
Shish Pal Tomar
Hansraj Bansal
Valmiki J. Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
