In an oral order, the Patna High Court held the civil appeal is not maintainable as the suit value arises below Rs. 10 lacs under the Bengal, Agra and Assam Civil Courts Act, 1887.
The appeal is disposed off as not maintainable.
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 FIRST APPEAL No. 5 of 2019
======================================================
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : None For the Respondent/s : Mr. Navin Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 19-07-2022 No one appears for the appellants on the second
consecutive date.
Perused the office note dated 16.7.2022 and the defect no. 12 pointed out in the stamp report dated 24.1.2019 which is with respect to maintainability of the instant appeal.
As per amendment in section 21 of the Bengal, Agra
Patna High Court FA No. 5 of 2019(3) dt.19-07-2022 2/2
and Assam Civil Courts Act, 1887, appeal from a decree or order of Civil Judge, Senior Division shall lie to the District Judge where the value of the original suit is less than Rs. 10 lacs. The suit value from which the instant appeal arises is Rs. 4, 96,000/-.
In view of the above, the appeal is disposed off as not maintainable.
(Partha Sarthy, J)
Prakash/-
U
1 issue framed by the court
Whether the civil appeal is maintainable when the suit value is less than Rs. 10 lacs under the Bengal, Agra and Assam Civil Courts Act, 1887.
1 provisions across 1 enactments
Durga Prasad alias Yamuna Prasad and ors
Chinta Devi and ors
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
