Rajeev Kumar Patel v. Adhula Devi
Case brief
What is this about?
Maintainability of first appeal; pecuniary jurisdiction of Patna High Court vs. District Judge; amendment to Section 21, Bengal, Agra and Assam Civil Court Act, 1887; Rs. 10 lakh threshold; original suit valued Rs. 3 lakhs; appeal disposed of as not maintainable; liberty to file before learned District Judge within four weeks with limitation petition; District Judge to account for filing/pendency in High Court while deciding limitation; parties from Khagaria (Dawan Tola) in a family/property dispute; appellants' counsel: Ashok Kumar Garg, Sanjiv Kumar Pathak, Sandip Kumar.
What did the court decide?
Appeal disposed of as not maintainable on the ground of pecuniary jurisdiction, with liberty to the appellants to move before the learned District Judge concerned within four weeks along with a limitation petition; the learned District Judge to consider the filing and pendency of the appeal in the High Court in deciding the limitation petition.