First appeal withdrawn because suit and appeal value was below ten lakhs, with counsel seeking to file a memo of appeal before the District Judge; office directed to return memo of appeal with certified copies of judgment and decree.
Memo of appeal and certified copy of impugned judgment/decree to be returned to appellants within two weeks
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.129 of 2019
======================================================
... ... Appellant/s
Versus
... ... Respondent/s
Patna High Court FA No.129 of 2019(2) dt.08-02-2024 2/2
====================================================== Appearance : For the Appellant/s : Mr. Tarun Prasad Mandal, Adv. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
The Office has reported that the suit value and appeal value is less than 10 lakhs. The proper remedy seems to lie by way of filing memo of appeal before the learned District Judge concerned.
to withdraw the present First Appeal and file it before proper forum. The time consumed in the High Court shall be considered on the point of limitation before the District Judge.
(Khatim Reza, J)
prabhat/-
U
1 issue framed by the court
Where suit and appeal value is below the threshold for High Court appellate jurisdiction, should the appeal be withdrawn and refiled before the District Judge?
Mahendra Prasad Singh
Diwakar Prasad Singh @ Diwakar Singh
Prabhakar Prasad Singh
Bibhakar Prasad Singh @ Bibhakar
Mostt. Pushplata Devi @ Pusplata Devi
Hemlata Devi @ Hemlata Kumari
Khatim Reza
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
