Triti Moni Baxla v. Gahana Oraon And Anr.

Jharkhand HC10 Mar 2026FA/120/2011

Case brief

AI extract

What is this about?

Pecuniary jurisdiction of first appeals under Section 96 CPC following Jharkhand's amendment of Section 19, Bengal, Agra and Assam Civil Courts Act, 1887 (District Judge ceiling raised to Rs. 25 lakh); transmission of F.A. No. 120 of 2011 from the High Court of Jharkhand to the Civil Courts, Ranchi; reliance on Patna High Court precedent Suraj Narain Yadav v. Fuleshwar Yadav, 1988 PLJR 674, and Gazette Notification dated 11.06.2019; appeal/suit value Rs. 3,44,000/-; Principal Judicial Commissioner, Ranchi; Trial Court directed to serve notice on both parties.

What did the court decide?

F.A. No. 120 of 2011 transmitted to the Civil Courts, Ranchi for decision before the learned District Judge (Principal Judicial Commissioner, Ranchi); the Learned Trial Court directed to inform both sides by issuing notice in accordance with law. ¶¶19

Triti Moni Baxla Vs Gahana Oraon And Anr. — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the instant First Appeal (F.A. No. 120 of 2011, suit/appeal value Rs. 3,44,000/-) lies within the pecuniary jurisdiction of the High Court or before the learned District Judge, given the amendment of Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887 by the State of Jharkhand raising the District Judge's first-appeal jurisdiction to Rs. 25 lakh.

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Court's answer

In view of the Gazette Notification dated 11.06.2019 and the judgment passed by the Patna High Court 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, because the amendment made in Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887 by the State of Jharkhand has raised the District Judge's pecuniary jurisdiction to hear first appeals up to Rs. 25 lakh.

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Ratio / Principle

Under the circumstances, the instant First Appeal will lie in the Court of the learned District Judge, i.e. the learned Principal Judicial Commissioner, Ranchi.

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Key takeaways

Considering the pecuniary jurisdiction, F.A. No. 120 of 2011 is transmitted to the Civil Courts, Ranchi and will be decided before the Civil Courts, Ranchi.ratio¶¶19
The Learned Trial Court is directed to inform both sides by issuing notice upon them in accordance with law.ratio¶¶20

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Sanjay Prasad, J.), order dated 10.03.2026 on F.A. No. 120 of 2011 (appellant Triti Moni Baxla; respondents Gahana Oraon and Deputy Commissioner, Ranchi; suit/appeal value Rs. 3,44,000/-): relying on the Gazette Notification dated 11.06.2019, the Patna High Court judgment in Suraj Narain Yadav v. Fuleshwar Yadav (1988 PLJR 674), and the amendment of Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887 by the State of Jharkhand — which raised the District Judge's pecuniary jurisdiction to hear first appeals up to Rs. 25 lakh — the Court held that an appeal under Section 96 of the Code of Civil Procedure now lies before the learned District Judge (Principal Judicial Commissioner, Ranchi). Accordingly, the First Appeal was transmitted to the Civil Courts, Ranchi to be decided there, and the Learned Trial Court was directed to inform both sides by issuing notice in accordance with law.

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2026:JHHC:6386

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IN THE HIGH COURT OF JHARKHAND AT RANCHI F. A. No. 120 of 2011

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.....

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Triti Moni Baxla W/o Sri Sunil Kumar Baxla Resident of Kokar Tunki Tola, PO-RMCH, PS- Sadar, District- Ranchi

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…Appellant

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Versus

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Gahana Oraon S/o Late Shandu Oraon Resident of Kokar Tunki Tola, PO-RMCH, PS- Sadar, District- Ranchi

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Deputy Commissioner, Ranchi, PO- GPO, PS- Kotwali, District- Ranchi …… Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. Satya Narayan Prasad, Advocate For the respondents : None.

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19/10.03.2026 The instant First Appeal has been filed on behalf of the appellant and the Suit Value and the Appeal Value has been mentioned as Rs. 3,44,000/-.

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In view of the Gazette Notification dated 11.06.2019 and in view of the judgment passed by Patna High Court in the case of “Suraj Narain Yadav Versus Fuleshwar Yadav reported in 1988, PLJR, 674”, an appeal under Section 96 of the Code of Civil Procedure will lie before the learned District Judge under Section 96 of the Code of Civil Procedure as in view of amendment made in 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 Five Lakh (Rs. 25.00/- Lakh).

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Under the circumstances, the instant First Appeal will lie in the Court of learned District Judge i.e. learned Principal Judicial Commissioner, Ranchi.

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