Patna High Court
Sajjan Prasad JiwarjikaversusShital Prasad Jiwarjika
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
Holding
The appeal is disposed of as withdrawn, with liberty to move the matter before the appropriate District Court.
Summary
The appellant, Sajjan Prasad Jiwarjika, filed a first appeal (No.94 of 2024) in the Patna High Court against a decree of the learned District Judge, Jhanjharpur, Madhubani, with the suit valued at Rs.2,50,000. The appellant’s counsel argued that, following the amendment to Section 21 of the Bengal, Agra and Assam Civil Courts (Bihar Amendment) Act, 2013, the pecuniary jurisdiction for such appeals now lies with the District Court for suits up to Rs.10 lakh. Consequently, the appellant sought permission to withdraw the appeal from the High Court and re‑file it before the appropriate district forum. The Court examined the statutory change in jurisdiction and found no impediment to allowing the withdrawal. It ordered that the appeal be deemed withdrawn, granting the appellant liberty to approach the District Court. The District Judge was directed to consider the filing and pendency of the appeal in accordance with the law, particularly with respect to any limitation issues.
Issues considered
- Whether the amendment to Section 21 of the Bengal, Agra and Assam Civil Courts (Bihar Amendment) Act, 2013, alters the pecuniary jurisdiction for appeals of Rs.2.5 lakh.
- Whether the appellant may be permitted to withdraw the appeal from the High Court and re‑file it before the District Court.
Subjects
- pecuniary jurisdiction
- civil appeal
- withdrawal of appeal
- limitation
- district court jurisdiction
- statutory amendment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.94 of 2024
======================================================
Sajjan Prasad Jiwarjika
... ... Appellant/s
Versus
Shital Prasad Jiwarjika
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bhim Sen Prasad, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-04-2026 At the outset, learned counsel for the appellant
submits that the instant appeal preferred is valued at Rs.
2,50,000/- (Rs. Two Lakh Fifty thousand) 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 concerned learned District Judge.
2. In view of the above, learned counsel for the
Appellant seeks permission to withdraw the appeal with liberty
to move before the appropriate Forum.
3. The present appeal stands disposed of as withdrawn
with the aforesaid liberty.
4. The learned District Judge, Jhanjharpur, Madhubani
will take into consideration the filing and pendency of the
Patna High Court FA No.94 of 2024(2) dt.02-04-2026
2/2
appeal in this Court in deciding the limitation petition in
accordance with law.
(Rudra Prakash Mishra, J)
manish/-
U
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