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2026 DAILYLAW 9613 (JHR)

LALIT KUMAR JAISWAL v. RAJ KUMARI DEVI And ORS

FA/180/2009 · 2026-04-29

Sanjay Prasad

body2026

Judgment text

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2026:JHHC:12973 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No.180 of 2009 …. Lalit Kumar Jaiswal, S/o late Kishan Lal Jaiswal, resident of Ward No.14, Mohalla-Bangali Tand, P.S. & P.O.- Chakradharpur, Dist.- Singhbhum (W) ……Appellant Versus 1. Raj Kumari Devi W/o Late Bhaiya Lal Jaiswal, 2. Dilip Kumar Jaiswal, S/o Late Bhaiya Lal Jaiswal, Both resident of Ward No.14, Mohalla- Bangla Tand, PO & PS- Chakradharpur, Dist. Singhbhum West. 3. Bankey Lal Jaiswal, S/o Late Kashi Prasad Jaiswal, resident of Bangla Tand, P.O. and PS – chakradharpur, Dist. Singhbhum West 4. Subha Jaiswal, W/o J.P. Jaiswal, D/o Bankey Lal Jaiswal, resident of J.P. Electricals, 85- Tank Road, in front of Tin-shed market, P.O. Sakchi, Jamshedpur, Dist.- Singhbhum (E), 5. Shanti Devi Jaiswal, W/o Shiv Shankar Prasad Jaiswal, D/o Bankey Lal Jaiswal, Resident of Kalisthan Road, 1st Street, Church Road, P.O.- Daily Market, Ranchi, Dist. Ranchi, 6. Saroj Jaiswal, W/o B.L. Jaiswal, D/o Bankey Lal Jaiswal, resident of House No.1230, Sec. 37 P.O. P.S. & Dist. Faridabad, Hariyanan, PIN 121002. 7. Smt. Sindhu Devi Jaiswal, W/o Krishna Jaiswal, D/o Bankey Lal Jaiswal, resident of 35-K, Yasoda Nagar, Kanpur, PO, PS & Dist- Kanpur (U.P.) 8. Smt. Sabita Gupta, W/o Ratnesh Chandra Gupta, D/o Bankey Lal Jaiswal, Resident of Flat No.7C-SB, Kunchan Junga, Robinson Street, Kolkata-17 (W.B.). 9. Smt. Ruby Jaiswal W/o Sanjay Gupta, D/o Bankey Lal Jaiswal, resident of ward No.14 Bangla Tand, P.O. & P.s. Chakradharpur, Dist. Singhbhum West. 10. Smt. Shahjadi Parveen W/o Samit Ansari, resident of village- Changsai, P.O. & PS- Chakradhapur, Dist.Singhbhum West. 11. Wazul Haque, S/o Late Md. Rustam, Resident of Ward No.1, Papadhata, PO & PS- Chakradharpur, Distt. Singhbhum West. 12. Sabana Parveen W/o Firoz Ahmad, resident of Ward No.1, Papadhata, PO & PS-Chakradarpur, Distt. Singhbhum West, 13. Satyabhama Devi, W/o Late Kishan Lal Jaiswal, resident 4th Clyde Row, Hestings Kolkata-22, 14. Smriti Jaiswal, W/o Late Aswini Kumar Jaiswal, 15. Dushyant Jaiswal, S/o Late Aswini Kumar Jaiswal, 16. Monika Jaiswal, D/o Late Aswini Kumar Jaiswal, 2026:JHHC:12973 2 17. Ila Jaiswal, D/o Late Aswini Kumar Jaiswal, Deft No.14, 16 and 17 are dependent deft No.15, resident of Sujata Picture Palace, Sujata Compound, Main Road, Ranchi, P.O. & Chutia- Ranchi, Dist. Ranchi. 18. Smt. Sujata Jaiswal, W/o Rajju Jaiswal, D/o Late Kishan Lal Jaiswal, R/o 4th Clyde Row, Hastings, Kolkata-22, 19. Smt. Nafisa Khatoon W/o Md. Yasin, resident of Bangla Tand, Ward No.14, Chakradharpur, PO & PS- Chakradharpur, Dist. Singhbhum (W), Jharkhand ……Respondent ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Appellant : None For the Resp. No. 2 : Md. Md. Iqbal, Advocate For the Resp. No.7 : Mr. Akhouri Awinash Kumar, Advocate …… Order No.21/29th April, 2026 1. None appears on behalf of the appellant. However, learned counsel for the Respondent No. 2 and learned counsel for the Respondent No.7 are present. 2. The instant First Appeal has been filed on behalf of the appellant and the Suit Value and the Appeal Value has been mentioned as Rs.11,00,000/- (Rs. Eleven Lakhs). 3. In view of the Gazette Notification dated 11.06.2019 and in view of the judgment passed by Patna High Court in the case of “Suraj Narain Yadav Versus Fuleshwar Yadav reported in 1988, PLJR, 674”, an appeal under Section 96 of the Code of Civil Procedure will lie before the learned District Judge under Section 96 of the Code of Civil Procedure as in view of amendment made in Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887 by the State of Jharkhand, the pecuniary jurisdiction of District Judge to hear the first appeal has been raised up to value of Rupees Twenty Five Lakh (Rs. 25.00/- Lakh). 4. Under the circumstances, the instant First Appeal will lie 2026:JHHC:12973 3 in the Court of learned District Judge i.e. learned Principal District and Sessions Judge, Chaibasa. 5. Considering the pecuniary jurisdiction, let F. A. No. 180 of 2009 is transmitted to the Civil Courts, Chaibasa and F. A. No. 180 of 2009 will be decided before the Civil Courts, Chaibasa. 6. The learned Principal District and Sessions Judge, Chaibasa is directed to hear this First Appeal No.180 of 2009 himself or may direct some other Judicial Officer in the rank of District Judge to hear this appeal. 7. Learned Trial Court is directed to inform both the sides by issuing notice upon them in accordance with law. 8. Let a copy of this order be sent to the Principal District and Sessions Judge, Chaibasa for the needful. (Sanjay Prasad, J.) Dated 29th April, 2026 Nishant/-