Sheodas Baitha And Another vs Anand Kumar Dwivedi And Others
2025 Latest Caselaw 4352 Jhar

Jharkhand High Court

Sheodas Baitha And Another vs Anand Kumar Dwivedi And Others on 30 June, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   S.A. No. 81 of 2023

                Sheodas Baitha and Another                   ...        ...    Appellants
                                       Versus
                Anand Kumar Dwivedi and others
                                                       ...        ...         Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. Prem Mardi, Advocate For the Respondents :

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05/30.06.2025 Learned counsel for the appellants has submitted that the first appeal has been dismissed by the learned 1st appellate court on the ground of limitation of 414 days. The learned counsel has submitted that the trial court judgment was passed on 26.03.2018 and the appeal was filed on 28.06.2019. He submits that there was a gap of 459 days in filing the first appeal and after deducting the period for obtaining certificate copy, the remaining days were 414 days.

2. Learned counsel for the appellants has further submitted that not only on ground of medical reasons, but also on the ground that previously the first appeal against the judgment and decree of the trial court was being filed before the High Court and subsequently the pecuniary jurisdiction of the 1st appellate court in the district was enhanced to Rs. 25 lakhs and since there was some confusion, the appeal was filed after such delay. He has submitted that this aspect of the matter has not been properly considered by the learned 1 st appellate court while refusing to condone the delay in filing the First Appeal. Learned counsel for the appellants has submitted that the pecuniary jurisdiction was enhanced from Rs. 2.50 lakhs to Rs. 25 lakhs and the suit was valued at Rs. 3 lakhs. Learned counsel for the appellants has also referred to the Bengal, Agra and Assam Civil Couts (Jharkhand Amendment) Act, 2018 published vide notification dated 11.06.2019 (Jharkhand Act No. 9 of 2019).

3. Learned counsel for the appellants has further submitted that the sale-deed executed in favour of the appellants has been cancelled by the learned trial court and the learned 1 st appellate court has not entered into the merits of the case on the ground that the suit was barred by limitation without considering the aforesaid confusion which arose with respect to jurisdiction of the High Court/1 st appellate court.

4. Learned counsel for the appellants has also submitted that as a counsel he is not aware as to which documents were filed before the learned 1st appellate court to substantiating the claim of the appellant no. 1 regarding his medical condition.

5. After hearing the learned counsel for the appellants, this second appeal is admitted for final hearing on the following substantial question of law:

"Whether the learned 1st appellate court was justified in dismissing the appeal on the ground of limitation without taking into consideration the petition for condonation of delay in totality and whether the learned 1st appellate court ought to have condoned the delay and decided the case on merits?"

6. Issue notice to the respondents for which requisites etc. under ordinary process as well as speed post be filed within a period of 15 days from today.

7. Office to track speed post delivery and prepare appropriate office note with regard to service of notice.

8. Learned counsel for the appellants is directed to file a fresh typed copy of the party position of the memo of appeal within a period of one week from today.

9. Let the records be called for from the learned courts concerned.

10. Post this case on 18th August 2025.

11. Let this order be communicated to the learned court concerned through 'FAX/Email'.

Pankaj                                      (Anubha Rawat Choudhary, J.)