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Judgment
Anubha Rawat Choudhary, J
Learned counsel for the parties are present.
This appeal is directed against the order dated 25.11.2014 passed in Title Suit No. 179 of 2014 by learned Civil Judge (Sr. Division)-I, Dhanbad, whereby the learned court below has been pleased to allow the petition filed by the defendant under Order VII Rule 11 (d) of the Code of Civil Procedure and accordingly the plaint of Title Suit No. 179 of 2014 is hereby rejected.
Learned counsel for the appellant submits that he has gone through the order dated 19.06.2019 passed in First Appeal No. 87 of 2013 wherein the first appeal was sent back to the learned court below in view of the amendment in Bengal, Agra and Assam Civil Courts (Jharkhand Amendment) Act, 2018 (Jharkhand Act 09/2019) notified in the Extraordinary Gazette dated 12th June, 2019. He submits that the similar order may be passed in the present case also. Learned counsel for the respondents has no objection to the aforesaid submission made by the learned counsel appearing on behalf of the appellant. It is not in dispute that suit valuation in the present case is less than 25 lacs and accordingly the aforesaid amendment of 2018 vide Jharkhand Act, 09 of 2019 is applicable.
Consequently, this appeal along with lower court records be sent back to the office of the District Judge, Dhanbad who would place the appeal before the appropriate court for disposal.
Learned counsel for the parties submit that they would suo motu appear before the learned District Judge, Dhanbad on 10.10.2022.
Let this order be communicated to the learned court below.
Accordingly, this appeal stands disposed of.