Parvez Ahmad v. Wakil Ahmad And ANR

Patna High Court FA No.141 of 2016 (2) dt.18-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.141 of 2016 ====================================================== Parvez Ahmad .... .... Appellant/s

Versus

Wakil Ahmad & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Mohammed Abu Haidar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18.03.2017 Office has reported that valuation stated in the certified copy of the decree under appeal as well as in memo of appeal is Rs, 5, 90,000/- which is less than Rs. 10,0000/- and pecuniary jurisdiction to hear the present appeal is to the District Judge. Learned counsel appearing for the appellant submits that memo of appeal along with certified copy of the judgment and decree under appeal may be returned to the appellant so that appellant could file the appeal before proper forum.

Accordingly, memo of appeal along with certified copy of the judgment and decree under appeal be returned to the appellant so that appellant could file the appeal before proper forum. It is made clear that appellant may file appeal before proper form within six weeks from the date of return of memo of appeal along with certified copy of the judgment and decree under appeal and at the time of counting period of limitation the period spent by the appellant before this court shall be excluded. Shahid (Hemant Kumar Srivastava, J) U T