lie as appeal lies against the original decree under Section 96 of the Code of Civil Procedure, 1908 as a decree passed in a suit. Further in view of Section 21 of the Bengal, Agra and Assam Civil Courts Act, 1887 as amended by the Bengal, Agra and Assam Civil Courts (Jharkhand Amendment Act, 2018), if the valuation is more than Rs.25,00,000/- it will lie to the High Court and if the same is less than Rs.25,00,000/- the same will lie before the Principal District Judge. This provision of law has been clarified by Hon’ble Patna High Court in the case of Suraj Narain Yadav Vs. Fuleshwar Yadav reported in 1988 (36) BLJR 504 authored by Justice B. N. Agrawal (as his Lordship then was) and in arriving at such a conclusion, the Hon’ble Patna High Court has relied upon the judgment of the Privy Council in the case of Ramchandra Vs. Ramchandra reported in AIR 1922 P.C. 80, Mahalinga Vs. Theertharappa reported in AIR 1929 Madras 223, Loomchand Vs. Revenue Divisional Officer, Trichy in which Ismail, J. with whom Natarajan, J. (as his Lordship then was) (but later elevated to the Bench of Supreme Court) as also the case of Hanumanthappa Vs. K. Sivalingappa reported in AIR 1960 Mysore 139, Chikkanna Chettiar Vs. Perumal Chettiar reported in AIR 1940 Madras 474, the case of Raghunathdas Vs. District Superintendent of Police reported in AIR 1993 Bom. 187, the case of Bai Lalita Vs. Shardaben reported in AIR 1970 Gujarat 37, the case of Deputy Director of Agriculture Vs. S. Ramanadhan as also in the judgment of Kali Prasad Vs. Government of Bihar reported in AIR 1945 Patna 461.
