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Patna High CourtFA/50/2016transfer lower court

Ramprit Bhagat And ORS v. Jagadhar Bhagat And ORS

2017-04-041 pages

Patna High Court FA No.50 of 2016 (5) dt.04-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.50 of 2016 ======================================================

1. Ramprit Bhagat & ors.

.... .... Appellant/s

Versus

1. Jagadhar Bhagat & ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Harendra Prasad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04.04.2017 This appeal has been valued as Rs 5, 50, 010/- only and pecuniary jurisdiction of this court is 10/- lakh. Therefore, appeal should lie before the District Judge.

In that view of the matter, this memo of appeal along with certified copy of judgment and decree and power are returned to learned counsel appearing for the appellants so that appellants could file appeal before the appropriate forum. It is made clear that if any appeal is filed by the appellants against the judgment and decree dated 11.5.2016/30.5.2016 passed in Title suit no. 432/2003, the period spent before this court shall be excluded at the time of reckoning period of limitation, if memo of appeal is filed within eight weeks from today before the appropriate forum.

Office should proceed accordingly.

shahid (Hemant Kumar Srivastava, J) U