Patna High CourtFA/423/2002disposed

Union Of India Through General v. M/S Jupiter Electronics

2015-02-26Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.423 of 2002 ====================================================== Union of India Through General .... .... Appellant/s

Versus

M/S Jupiter Electronics .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Chakradhari Sharan Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 26-02-2015 The learned counsel, Mr. Abhimanu Deo, appearing on behalf of the appellant submitted that when the Judgment and Order was passed by this Court in the case of Ram Sagar Kewat and Others 2005 (3) PLJR 360, this First Appeal was dismissed for default. Subsequently, this First Appeal has been restored by order dated 8.5.2014 passed in MJC No.250 of 2014. The learned counsel further submitted that in view of the aforesaid decision, the First Appeal is to be transferred to the District Judge, Katihar because of the fact that the pecuniary appellate jurisdiction of the District Judge has been raised from Rs.60,000/- to Rs.2 lakhs by amendment with effect from 01.10.1996.

Perused the record and the decision.

In view of the above facts and circumstances of the case and the fact that since the pecuniary appellate jurisdiction of the

Patna High Court FA No.423 of 2002 (8) dt.26-02-2015 2 / 2 District Judge has been raised upto Rs.2 lakhs which is effective from 1st October, 1996 and the valuation of this First Appeal is only Rs.62,300.11/-, this Appeal is also be transferred to the District Judge concerned as has been directed in the aforesaid decision of this Court.

Accordingly, I direct that the office shall transfer this First Appeal to the District Judge, Katihar as directed in the aforesaid decision within two weeks from today. The appellant shall appear before the District Judge. No notice be issued to the appellant. Accordingly, this First Appeal is disposed of with the aforesaid direction.

(Mungeshwar Sahoo, J) Sanjeev/- U