Ramjee Bhagat v. Leela Devi And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.438 of 2016 ====================================================== Ramjee Bhagat, Son of Late Ganesh Bhagat, Resident of Village - Dhabauli, P.O.-Dhabauli, P.S.-Muffasil, District-Begusarai. .... .... Appellant

Versus

1. Leela Devi, wife of Shankar Bhagat @ Sheo, Resident of Village - Navi Nagar, Post-Manjhve, P.S.-Lakhisarai, District-Lakhisarai.

2. Ram Pari Devi, Wife of Balmiki Bhagat, Resident of Village - Chhoti Jhotkia, P.S.-Maheshkhunt, Pergana - Farkia, District-Khagaria. .... .... Respondent/s ====================================================== Appearance:

For the Appellant/s : Mr. Binod Kumar, Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-10-2017 From perusal of the office note, it appears that the application filed under Order 39 Rule 1 read with Section 151 CPC was rejected by the learned lower court in a suit valued less than Rs.10,00,000/-.

As the valuation of the suit property is less than Rs. 10,00,000/-, Miscellaneous Appeal against the impugned order lies before the learned District Judge and not before this Court. The appellant is directed to file an appeal before the appropriate forum taking back the same from this Court. This appeal is disposed of accordingly.

(Prakash Chandra Jaiswal, J) Mishra/- U