The Patna High Court allowed the appellants to withdraw the present appeal to file a fresh appeal before the District Judge, pursuant to an amendment in the Bengal, Agra and Assam Civil Courts Act, 1887, subject to specific conditions and timelines.
Permission granted to withdraw the present appeal to file an appeal before the District Judge within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA FIRST APPEAL No.40 of 2019
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... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Dhramveer, Adv. For the Respondent/s : Mr. Naresh Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
appeal arises being Rs.42,100/- and in view of the amendment in section 21(1)(a) of the Bengal, Agra and Assam Civil Courts Act, 1887, learned counsel for the appellants seeks permission to withdraw this appeal to file an appeal before the learned District Judge.
The appeal is disposed of with the aforesaid liberty.
Patna High Court FA No.40 of 2019(3) dt.26-07-2022 2/2
In case the appeal is filed within a period of four weeks from today, the learned District Judge while deciding the application for condonation of delay in filing of the appeal shall take into consideration the pendency of the instant appeal in this Court.
(Partha Sarthy, J)
Bibhash/-
U
1 issue framed by the court
Whether the appellants are entitled to leave to withdraw their present appeal to file a fresh appeal before the District Judge given the amendment in the Civil Courts Act.
1 provisions across 1 enactments
Budhan Bhagat
Gobardhan Bhagat
Parsan Prasad Singh
Ramanandan Prasad Singh
Harihar Chauhan
Janardan Bhagat
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
