Appeal was dismissed as not maintainable. The court held that since the impugned order was passed by Sub Judge-VII for an amount up to Rs. 10 lacs, jurisdiction lay with the District Judge, not the High Court. Appeal returned to file before appropriate forum.
Appeal returned to appellant to file before appropriate forum (District Judge).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.262 of 2015
======================================================
Smt. Malti Sinha D/o Late Binda Tiwari, W/o Ashok Kumar Singh Resident of Village-Ghataro, P.S.-Kartaha, Lalganj, District-Vaishali.
... ... Appellant/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Surendra Kishore Thakur For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
2 06-09-2018 Seen the office note and record.
From perusal of record it appears that this appeal is
valued Rs. 8,000,00/- As per the Bengal, Agra and Assam Civil Court (Bihar Amendment Act) 2013 (Bihar Act 14, 2014) pecuniary jurisdiction for filing of appeal against the order passed by Sub Judge upto Rs. 10 lacs lie with the concerned
Patna High Court MA No.262 of 2015(2) dt.06-09-2018 2/2
District Judge. As the impugned order has been passed by Sub Judge-VII, Muzaffarpur, hence, this appeal is not maintainable in this Court. Accordingly, this appeal is disposed of.
Let the memo of appeal be returned to the appellant
to file the same before appropriate forum.
(Prakash Chandra Jaiswal, J)
rohit/-
U
1 issue framed by the court
Whether an appeal against an order of the Sub Judge passed below Rs. 10 lacs is maintainable in the High Court of Patna.
1 provisions across 1 enactments
Smt. Malti Sinha
Harendra Tiwary
Devendra Tiwary
Smt. Shanti Devi
Renu Devi
Ajay Tiwary
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
