Supai Munda vs State of Jharkhand and Others

Heard the learned counsel for the parties.

There is preliminary objection of the respondents. Learned counsel for the State submitted that in view of Section 100(A), this appeal is not maintainable as it has been preferred to challenge the judgment and decree passed by the learned Single Judge in regular second appeal.

Learned counsel for the appellant submitted that there is Full Bench judgment of this court delivered in the case of Union of India (UOI) Vs. Maklu Mahto and Others, wherein, after considering Section 100(A), this court held that inspite of Section 100(A) further appeal against the judgment passed in the appellate jurisdiction is maintainable in the same court.

After the decision of Full Bench of this court given in the case of Union of India vs. Maklu Mahto (supra), the Supreme Court in the case of Geeta Devi and Others Vs. Puran Ram Raigar and Another, has held that such appeal is not maintainable.

In view of the above, this appeal is not maintainable. Accordingly, this appeal is dismissed.