Shivjal Mahto vs Bihari Mahto
2021 Latest Caselaw 3578 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               F.A. No. 11 of 2021
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1. Shivjal Mahto

2. Lakhicharan Mahto

3. Rajkishore Mahto

4. Tijeshwar Mahto

5. Tilak Kumar

6. Pursottam Kumar

7. Devendra Mahto ...Appellant(s).

Versus

1. Bihari Mahto

2. Smt. Sugia Devi

3. Pairu Mahto

4. Subodh Mahto

5. Pramod Mahto

6. Basanti Devi

7. Kasalaya Devi

8. Banmaith Devi

9. Bimla Devi

10. Lilla Devi

11. Vipti Devi

12. Sumitra Devi ... Respondent(s) CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

Through: Video Conferencing

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For the Appellant(s) : Mr. Mahesh Tewari, Advocate.

            For the Respondent             :

02/23.09.2021:         Question of maintainability has been raised in this appeal.

The question which has been raised is that since the suit value is Rs. 41,000/-, and the Judgment and the decree has been passed by the Civil Judge, Senior Division I, Khunti, the appeal will not lie before this High Court.

The pecuniary jurisdiction of this High Court is Rs. 25 lakh and for any appeal whose valuation is less than Rs. 25 lakh is not appealable before this Court. Any decree or Judgment which involves valuation less than the aforesaid amount is appealable before the Principal District Judge of the said district. Since in this case the valuation of the suit is Rs. 41,000/-, the appeal will lie before the District Judge, Khunti, in view of the notification dated 11.06.2019.

Office is directed to return the memo of appeal along with the Court fees to the Advocate of the appellants to enable them to present the appeal before the appellate court having pecuniary jurisdiction over the same.

Rajnish/c.p. 2 (ANANDA SEN, J.)