Damayanti Mahato & Ors vs Md. Musthaque Khan & Ors
2024 Latest Caselaw 973 Jhar

Jharkhand High Court

Damayanti Mahato & Ors vs Md. Musthaque Khan & Ors on 31 January, 2024

Author: Subhash Chand

Bench: Subhash Chand

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                F.A. No.301 of 2023
        Damayanti Mahato & Ors.                     ..... ... Appellants
                                  Versus
        Md. Musthaque Khan & Ors.                   .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Appellants : Mr. Abhishek Kumar Dubey, Advocate For the Respondents :

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st 02/31 January, 2024 The defect indicated by the office is that this appeal is not maintainable in view of pecuniary jurisdiction, since the valuation of the suit is given Rs.10 lacs.

Learned counsel for the appellant has submitted that though the valuation of the suit was Rs.10 lacs but so far as counter claim which was filed in the very suit on behalf of the defendant, the valuation of the same was Rs.2.70 crores. The learned trial court also decreed the suit by way of impugned judgment and decree and also decreed the counter claim in favour of the defendant.

The instant appeal has been preferred by the appellants/plaintiffs aggrieved from decreeing the counter claim of the defendant for which valuation is Rs.2.70 crores but the same is decreed for Rs.72,39,684/-.

In view of Section 21(1)(a) of the Bengal, Agra and Assam Civil Courts (Jharkhand Amendment) Act, 2018 (in short "the Act, 2018), the appeal is maintainable before the District Judge up to the valuation of Rs.25 lacs of the suit and above valuation of Rs.25 lacs, the appeal lies to High Court in view of Section 21(1)(b) of the Act, 2018. As such this appeal is maintainable.

So far as the defect regarding maintainability of this appeal is, hereby, ruled out.

So far as the other defects are concerned, learned counsel for the appellants is directed to remove the same within a period of two weeks.

Issue notice to the all the respondents under registered cover with A/D as well as by ordinary process for which requisites etc. must be filed within a period of two weeks.

List this case on 20th March, 2024.

(Subhash Chand, J.) Rohit