Disposed¶35

Chhotan Chotu Pahan and others v. Lodhro Babu And Ors.

Jharkhand HC22 Apr 2026FA/106/2003

Case brief

AI extract

What is this about?

Forum of first appeal under Section 96 CPC after amendment of Section 19, Bengal, Agra and Assam Civil Courts Act, 1887 by Jharkhand (Gazette Notification dated 11.06.2019); District Judge's first-appeal pecuniary jurisdiction raised to Rs. 25 lakh; transmission of F.A. No. 106 of 2003 from the High Court of Jharkhand at Ranchi to the Civil Courts, Khunti; reliance on Patna High Court precedent Suraj Narain Yadav v. Fuleshwar Yadav, 1988 PLJR 674; appellants and respondents are Munda-caste cultivators of village Murpa, Tota/Tola Salgadih, P.S. & P.O. Tamar, District Ranchi; suit and appeal value Rs. 3,00,000/-.

What did the court decide?

F.A. No. 106 of 2003 transmitted to the Civil Courts, Khunti, where it will be decided; the learned Trial Court directed to inform both sides by issuing notice upon them in accordance with law. ¶35

Chhotan Chotu Pahan and others Vs Lodhro Babu And Ors. — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

F.A. No. 106 of 2003 transmitted to the Civil Courts, Khunti, where it will be decided; the learned Trial Court directed to inform both sides by issuing notice upon them in accordance with law.

¶35

Issue for consideration

Before which court does First Appeal No. 106 of 2003 lie for decision, given the amended pecuniary jurisdiction of the District Judge (raised up to Rs. 25 lakh) under Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887 and the provisions of Section 96 of the Code of Civil Procedure?

¶32

Court's answer

In view of the Gazette Notification dated 11.06.2019, the amendment made by the State of Jharkhand in Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887, and the Patna High Court judgment in Suraj Narain Yadav v. Fuleshwar Yadav (1988 PLJR 674), an appeal under Section 96 of the Code of Civil Procedure will lie before the learned District Judge, whose pecuniary jurisdiction to hear first appeals has been raised up to a value of Rupees Twenty Five Lakh.

¶32

Ratio / Principle

The instant First Appeal will lie in the Court of the learned Principal District Judge, Khunti, who may decide it himself or may refer the appeal to any other Court.

¶34

Key takeaways

Considering the pecuniary jurisdiction, F.A. No. 106 of 2003 is transmitted to the Civil Courts, Khunti, and will be decided before the Civil Courts, Khunti.ratio¶35

Detailed headnote1 paragraphs

First appeal – forum and pecuniary jurisdiction (Jharkhand): The High Court of Jharkhand at Ranchi (Coram: Hon'ble Mr. Justice Sanjay Prasad) held that, in view of the Gazette Notification dated 11.06.2019 and the amendment made by the State of Jharkhand to Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887, whereby the pecuniary jurisdiction of the District Judge to hear first appeals has been raised up to a value of Rupees Twenty Five Lakh, and relying on the Patna High Court judgment in Suraj Narain Yadav v. Fuleshwar Yadav, 1988 PLJR 674, a first appeal under Section 96 of the Code of Civil Procedure lies before the learned District Judge. Accordingly, F.A. No. 106 of 2003 (Suit Value and Appeal Value Rs. 3,00,000/-) was transmitted to the Civil Courts, Khunti for decision; the learned Principal District Judge, Khunti may decide it himself or refer it to any other Court, and the Trial Court was directed to serve notice of the transmission on both parties.

¶1

Neutral Citation No. (2026:JHHC:11841)

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 106 of 2003

¶3

Chhotan alias Chotu Pahan @ Chhotan Pahan, son of Budhan Pahan

¶4

Mangal Babu, son of Budhu Babu

¶5

Budhan Munda @ Budhanlal Babu

¶6

Somra Munda @ Somra Babu

¶7

Gurua Munda @ Gurua Babu

¶8

Horilal Munda @ Harelal Babu

¶9

No.3 to 6 are the sons of late Thakur Munda

¶10

Raiya Babu, son of Chaitan Babu

¶11

Soma Babu, son of late Sukhram Babu

¶12

All by caste- Munda, by occupation- cultivators, resident of village- Murpa, Tota- Salgadih P.S. & P.O.- Tamar, District- Ranchi.

¶13

… Appellants

¶14

- Versus -

¶15

Lodhro Babu

¶16

Sanika Babu

¶17

Both son of late Jaina Babu, by caste- Munda, by occupationcultivation, resident of village- Murpa, Tola- Salagadih, P.S. & P.O.Tamar, District- Ranchi … Respondents

¶18

¶19

CORAM: - HON’BLE MR. JUSTICE SANJAY PRASAD

¶20

¶21

For the Appellant : Mr. Akash Deep, Advocate For the Resp. Nos.3 to 5 : Mr. Sandeep Verma, Advocate Ms. Jyoti Kumari, Advocate

¶22

¶23

26/22.04.2026

¶24

1. The instant First Appeal has been filed on behalf of the

¶25

appellant and the Suit Value and the Appeal Value have been mentioned as Rs. 3,00,000/-.

¶26

2. In view of the Gazette Notification dated 11.06.2019 and in

¶27

view of the judgment passed by Patna High Court in the case of

¶28

“Suraj Narain Yadav Versus Fuleshwar Yadav reported in

¶29

1988, PLJR, 674” , an appeal under Section 96 of the Code of Civil Procedure will lie before the learned District Judge under Section 96

¶30

of the Code of Civil Procedure as in view of amendment made in

¶31

-2-

¶32

Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887 by the State of Jharkhand, the pecuniary jurisdiction of District Judge to hear the first appeal has been raised up to value of Rupees Twenty

¶33

Five Lakh (Rs. 25.00/- Lakh).

¶34

3. Under the circumstances, the instant First Appeal will lie in the Court of learned Principal District Judge, Khunti, who may decide himself or may refer appeal to any other Court.

¶35

4. Considering the pecuniary jurisdiction, let F. A. No. 106 of 2003 is transmitted to the Civil Courts, Khunti and F. A. No. 106 of 2003 will be decided before the Civil Courts, Khunti.

¶36

5. Learned Trial Court is directed to inform both the sides by issuing notice upon them in accordance with law.

¶37

April 22, 2026 Jay/

Chhotan Chotu Pahan and others v. Lodhro Babu And Ors.

Case brief

What is this about?

What did the court decide?

Chhotan Chotu Pahan and others v. Lodhro Babu And Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ashwini Kumar Dubey Alias Ashwini Dubey Vs the State of Jharkhand

Jitendra Kumar Jha Vs the State of Jharkhand

Kajal Kumari Vs Vijit Kumar

Mangru Pradhan Vs the State of Jharkhand

Jaimangal Sahu Vs Dr.Mahender Singh

Rashmi Kumari Vs Avinash Kumar Giri