Magadh Mahavidyalaya Shakurabad, Jehanabad Through Secretary, Birendra Sharma And ANR v. Rajendra Mishra

IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No.115 of 2018 ====================================================== Magadh Mahavidyalaya Shakurabad, Jehanabad Through Secretary, Birendra Sharma and Anr ... ... Appellant/s

Versus

Rajendra Mishra ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ranjeet Tiwary, Advocate For the Respondent/s :

Mr. Sanjay Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-10-2024 Regarding the maintainability of this appeal, the Office has submitted its report which shows that the valuation of the subject matter of this appeal has been mentioned as Rs. 1,51,000/- which is less than rupees 10 lakhs, hence, the proper remedy available to the appellant was to file his appeal before the District Judge in the light of the enhanced pecuniary jurisdiction raised in the year 2014.

2. Learned counsel for the appellant appears and he has not opposed the aforesaid report of the office.

3. Considering the report submitted by the Office, this appeal stands disposed of on account of being not maintainable on the point of pecuniary jurisdiction with giving a liberty to the appellant to file his appeal before the competent court having pecuniary jurisdiction, if he avails this liberty then the court

Patna High Court FA No.115 of 2018(7) dt.22-10-2024 2/2 concerned where the appellant's appeal is to be filed, shall exclude the period during which the instant appeal remained pending before this court while computing the limitation period. (Shailendra Singh, J) Rajiv/- U