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Patna High Court

Nirala Sahkari Grih Nirman Samiti Ltd.versusRamchandra Rai and Anr

Decided
Disposal
CONSIGNED

Holding

The appeal stands consigned because the matter falls within the jurisdiction of the Principal District Judge, Patna.

Summary

The appellant, Nirala Sahkari Grih Nirman Samiti Ltd., filed a first appeal before the Patna High Court against a decree passed by the Principal District Judge, Patna. The appeal was filed by the appellant's counsel, Mr. Sudhir Kumar Singh, while the respondents were represented by Mr. Kamlesh Pd. Yadav. The High Court examined whether it had jurisdiction to entertain the appeal. The court noted that the office notes dated 05.11.2018 indicated that the matter fell within the jurisdiction of the Principal District Judge, Patna. Consequently, the court ordered that the appeal be consigned, effectively dismissing it for lack of jurisdiction. No substantive merits of the dispute were addressed.

Issues considered

  • Whether the Patna High Court has jurisdiction to entertain the first appeal filed by the appellant

Subjects

  • jurisdiction
  • appellate jurisdiction
  • high court
  • civil procedure
  • consignment of appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      FIRST APPEAL No.146 of 2018
                  ======================================================
                  Nirala Sahkari Grih Nirman Samiti Ltd., Keshri Nagar, Patna through its
                  Secretary Satya Narayan Singh, son of Jeo Nandan Singh, Resident of
                  Mohalla and P.O.- Keshri Nagar, P.S.- Shastri Nagar, District- Patna-24.

                                                                          ... ... Appellant/s
                                                      Versus
            1.    Ramchandra Rai Son of Late Raghuvir Rai, Resident of Village- Ramjichak,
                  P.S.- Digha, P.O.- Bataganj, District- Patna.
            2.    Kewai Rai, Son of Raghubir Rai, Resident of Village- Ramjichak, P.S.-
                  Digha, P.O.- Bataganj, District- Patna.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :      Mr.Sudhir Kumar Singh, Advocate
                  For the Respondent/s   :      Mr. Kamlesh Pd. Yadav, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    08-01-2026                    In view of the office notes dated 05.11.2018, the

                    present memo of appeal stands consigned, since the matter falls

                    within the jurisdiction of the Principal District Judge, Patna.



                                             (Purnendu Singh, J)
Sanjay/-

U


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