The High Court of Patna dismissed a miscellaneous appeal withdrawn by the appellant due to a forum objection regarding pecuniary jurisdiction, granting liberty to file in the District Court.
Liberty granted to file withdrawal application and re-file appeal before the appropriate 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.669 of 2022
======================================================
Prabhu Narain Singh
... ... Appellant/s
Versus
Subodh Singh and others ... ... Respondent/s ====================================================== Appearance : For the Appellant : Mr. Jai Prakash Verma, Advocate For the Respondents : ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
2 09-08-2023
This Miscellaneous Appeal has been filed against the order dated 17.10.2022, passed in Title Suit No. 24 of 2020 by learned Sub-Judge, 1st , Muzaffarpur West. The stamp report has pointed out that the suit value and the appeal value have been mentioned as Rs. 3,00,000/- (Three Lakhs) which is pecuniary jurisdiction of less than Rs. 10,00,000/- (Ten Lakhs) and thus lie before the concerned District Judge.
2. In view of the pecuniary jurisdiction of the District Judge, the learned counsel for the appellant seeks permission to withdraw this Miscellaneous Appeal and file it before the concerned District Judge.
3. Considering the time consumed before the Court, such time is exempted from the calculation of delay in filing the Miscellaneous Appeal.
Patna High Court MA No.669 of 2022(2) dt.09-08-2023 2/2
4. Accordingly, this Miscellaneous Appeal is
dismissed as withdrawn with the aforesaid liberty.
(Khatim Reza, J)
Shanu/-
U
Prabhu Narain Singh
Subodh Singh and others
Khatim Reza
As recorded by the court registry
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