Mangal Mahto v. Doctor Naresh Kumar Mishra And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No. 18 of 2019 ====================================================== Mangal Mahto Son of late Baiju Mahto resident of Mohalla- Devisarai P.SDeepnagar, District- Nalanda ... ... Appellant/s

Versus

1.

Doctor Naresh Kumar Mishra and Ors Son of Basdeo Mishra, resident of Mohalla- Neemganj, P.S- Bihar District- Nalanda 2.

Priti Kumari Daughter of Late Sunil Kumar resident of Mauza Rana Bigha, P.S- Deepnagar, District- Nalanda 3.

Sunaina Sinha Daughter of Sri Ganga Prasad resident of Mauza Shekhpura P.S- Barh District- Patna 4.

Sudipt Rai son of Dularchand Prasad resident of Mauza Rana Bigha P.SDeepnagar District- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Pankaj Kumar, Adv.

For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-07-2022 Perused the office note dated 16.7.2022 which is with respect to maintainability of the instant appeal in view of the suit value from which the instant appeal arises being Rs. 5 lacs. In view of the amended section 21(1)(a) of the Bengal, Agra and Assam Civil Courts Act, 1887 wherein it is provided that appeal from a decree or order of a Civil Judge (Senior Division) shall lie to the District Judge where the value of the original suit in which the decree or order was made was less than Rs.10 lacs, the suit value from which the instant appeal arises being Rs. 5 lacs, the appeal would lie before the District Judge.

Patna High Court FA No. 18 of 2019(3) dt.19-07-2022 2/2 In view of the above, the appeal is disposed of as not maintainable.

(Partha Sarthy, J) Bibhash/- U