This appeal was valued at Rs. 7 lacs but filed in the High Court. The learned Single Justice returned the Memo of Appeal to the appellant to be presented before the District Judge as the proper forum for appeals up to such values.
Memo of Appeal returned to the appellant to be presented before the appropriate forum, i.e., the District Judge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.431 of 2015
======================================================
Ram Udgar Keshari
.... .... Appellant/s
Versus Sri 108 Kabir Das Jee Asthan .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ratanakar Jha For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 17-08-2017 From the perusal of the office note, it appears that the appeal is valued at Rs. 7 lacs and the impugned judgment has been passed by the learned Sub-Judge-I, Jhanjharpur, whereas the appeal valued up to Rs. 10 lacs is required to be filed in the court of District Judge. So, this appeal appears to have been filed in the wrong forum. Accordingly, the Memo of Appeal is returned back to the appellant to be presented before the appropriate forum.
(Prakash Chandra Jaiswal, J)
rohit/-
U
1 issue framed by the court
Whether the High Court has jurisdiction to entertain the appeal valued at Rs. 7 lacs filed in the wrong forum.
Ram Udgar Keshari
Sri 108 Kabir Das Jee Asthan
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
