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Patna High Court

Jugal Kishore VermaversusPradeep Poddar

Decided
Disposal
DISPOSED

Holding

The appeal is disposed of as withdrawn, permitting the appellant to file the appeal before the District Judge.

Summary

The appellant, Jugal Kishore Verma, filed a first appeal (No.220 of 2025) against the Poddar family, valued at Rs.2 lakh. The appellant sought permission to withdraw the appeal from the Patna High Court and re‑file it before the Munger District Judge, citing the amendment to Section 21 of the Bengal, Agra and Assam Civil Courts (Bihar Amendment) Act, 2013, which raised the pecuniary jurisdiction for appeals up to Rs.10 lakh to the District Court. The learned judge considered the request and allowed the withdrawal, disposing of the appeal as withdrawn. The court granted the appellant liberty to approach the District Judge, who will also consider any limitation petition arising from the matter. No substantive merits of the dispute were addressed, as the procedural issue of jurisdiction and withdrawal was resolved.

Issues considered

  • Whether the appeal may be withdrawn and re‑filed before the District Judge in view of the amended pecuniary jurisdiction under Section 21 of the Bengal, Agra and Assam Civil Courts (Bihar Amendment) Act, 2013?

Subjects

  • civil procedure
  • pecuniary jurisdiction
  • appeal withdrawal
  • district judge
  • limitation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       FIRST APPEAL No.220 of 2025
                 ======================================================
                 Jugal Kishore Verma S/O Late Tuneshwar Verma, Resident of
                 Village/Mohalla Ghadhi Chowk, Bekapur, Town- Munger, P.S.- Munger,
                 District- Munger.
                                                                          ... ... Appellant/s
                                                     Versus
           1.     Pradeep Poddar S/O Ramanand Poddar, Resident of Village- Kasim Bazar,
                  Police Station- Kasim Bazar, P.O. and District- Munger.
           2.    Ramanand Poddar, S/o Late Kamesar @ Kamo Poddar, Reside of Village
                 Kasim Bazar, P.S.- Kasim Bazar, P.O. and District- Munger.
           3.    Deepak Poddar, S/o Ramanand Poddar, Reside of Village Kasim Bazar, P.S.-
                 Kasim Bazar, P.O. and District- Munger.
           4.    Mostt. Manju Devi, W/O Late Raj Kumar Poddar, Resident of Village/
                 Mohalla, Gandhi Chowk, Bekapur, Town- Munger, Police Station- Kotwali,
                 P.O. and District- Munger.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Anil Kumar Choudhary, Advocate
                 For the Respondent/s   :      Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-03-2026                 At the outset, learned counsel for the appellant

                   submits that the instant appeal preferred is valued at Rs.

                   2,00,000/- (Rs. Two Lakh) and in view of the change in the

                   pecuniary jurisdiction as a result of amendment in Section 21 of

                   the Bengal, Agra and Assam Civil Courts (Bihar Amendment)

                   Act, 2013, appeal from suits up to the value of Rs. 10 Lakh

                   would lie before the learned District Judge.

                               2. In view of the above, learned counsel for the

                   Appellant seeks permission to withdraw the appeal to move

                   before the learned District Judge.
           Patna High Court FA No.220 of 2025(2) dt.30-03-2026
                                                        2/2




                                  3. The appeal stands disposed of as withdrawn with

                     the aforesaid liberty.

                                  4. The learned District Judge, Munger will take into

                     consideration the filing and pendency of the appeal in this Court

                     in deciding the limitation petition in accordance with law.



                                           (Rudra Prakash Mishra, J)
manish/-

U


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