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Patna High Court

Md. MukhtarversusMd. Fakhruddin @ Fakhru

Decided
Disposal
WITHDRAWN

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 Consequently, the miscellaneous appeal was dismissed as withdrawn and the memo of appeal was ordered to be returned to the appellants’ counsel within two weeks.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

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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