Miscellaneous appeal was dismissed on the ground that the suit's valuation being less than Rs. 10,00,000, the appeal lies before the District Judge, not the High Court. The appellant was directed to file the appeal before the appropriate forum.
Appeal dismissed; appellant directed to file appeal before the appropriate forum (District Judge).
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.438 of 2016
====================================================== Ramjee Bhagat, Son of Late Ganesh Bhagat, Resident of Village – Dhabauli, P.O.-Dhabauli, P.S.-Muffasil, District-Begusarai.
.... .... Appellant
Versus
====================================================== Appearance:
For the Appellant/s : Mr. Binod Kumar, Advocate. For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 04-10-2017 From perusal of the office note, it appears that the application filed under Order 39 Rule 1 read with Section 151 CPC was rejected by the learned lower court in a suit valued less than Rs.10,00,000/-.
As the valuation of the suit property is less than Rs. 10,00,000/-, Miscellaneous Appeal against the impugned order lies before the learned District Judge and not before this Court.
The appellant is directed to file an appeal before the appropriate forum taking back the same from this Court.
This appeal is disposed of accordingly.
(Prakash Chandra Jaiswal, J)
Mishra/-
U
1 issue framed by the court
Whether the High Court has jurisdiction to entertain the appeal against the rejection of the interim order.
3 provisions across 3 enactments
Ramjee Bhagat
Leela Devi
Ram Pari Devi
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
