Patna High Court
Md. MukhtarversusMd. Fakhruddin @ Fakhru
- Decided
- Disposal
- WITHDRAWN
- Bench
- KHATIM REZA
Holding
The High Court held that the appeal is not maintainable before it because the suit valuation falls below the court’s pecuniary jurisdiction limit.
Summary
The appellants, Md. Mukhtar and Haji Md. Imtiaz Ansari, filed a miscellaneous appeal before the Patna High Court challenging an order passed under Order XXXIX Rules 1 and 2 of the Civil Procedure Code in a suit valued at Rs 2,51,000. The High Court noted that the suit’s valuation is below the Rs 10 lakh threshold for its pecuniary jurisdiction, making the proper remedy a memo of appeal to the Principal District Judge. The counsel for the appellants sought permission to withdraw the appeal and re‑file it in the appropriate forum, also requesting the return of the memo of appeal. The Court held that the appeal was not maintainable before it due to the jurisdictional limit. Consequently, the miscellaneous appeal was dismissed as withdrawn and the memo of appeal was ordered to be returned to the appellants’ counsel within two weeks.
Issues considered
- Whether the Patna High Court has jurisdiction to entertain a miscellaneous appeal under Order XXXIX Rules 1 and 2 of the CPC when the suit valuation is less than Rs 10 lakh
- Whether the appeal should be filed as a memo of appeal before the Principal District Judge
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXXIX Rule 1, Order XXXIX Rule 2
Subjects
- Civil Procedure Code
- pecuniary jurisdiction
- miscellaneous appeal
- appeal withdrawal
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.807 of 2025
======================================================
1. Md. Mukhtar, Son of Md. Salim, resident of Mohalla-Habibpur, Police
Station-Habibpur, District-Bhagalpur.
2. Haji Md. Imtiaz Ansari @ Md. Imtiyaz Ahmad, son of Haji Kasim Ansari,
resident of Mohalla-Mojahidpur, Police Station-Mojahidpur, District-
Bhagalpur.
... ... Appellant/s
Versus
Md. Fakhruddin @ Fakhru, Son of Late Md. Islam, resident of Mohalla-
Mohiuddinpur, Police Station-Habibpur, District-Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravi Prakash Dwivedi, Adv.
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 18-04-2026 Office has reported that the present appeal has been
filed against the order passed under Order XXXIX Rule 1 and 2
of the Civil Procedure Code and the valuation of the suit is Rs.
2, 51,000/-, which is less than 10 lakhs. The proper remedy
seems to lie by way of filing of a memo of appeal in the Court
of learned Principal District Judge concerned.
2. In view of the aforesaid objection raised by the
Stamp Reporter, the learned counsel for the appellants seeks
permission to withdraw this Miscellaneous appeal and file it
before appropriate forum and also prays for returning the memo
of appeal to the counsel for the appellants so that they may
move before the appropriate forum.
Patna High Court MA No.807 of 2025(2) dt.18-04-2026
2/2
3. Considering the aforesaid facts, the present appeal
is not maintainable before this Court in view of enhancement of
pecuniary jurisdiction.
4. Accordingly, this Miscellaneous appeal is dismissed
as withdrawn.
5. Office is directed to return the copy of memo of
appeal to the learned counsel for the appellants within two
weeks.
(Khatim Reza, J)
prabhat/-
U
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