The State of Bihar and Others vs Babloo Sah and Others

Aditya Kumar Trivedi, J.—Heard learned counsel for the appellants as well as learned counsel for the respondents. This appeal at an earlier stage was filed in terms of Section 100 of the C.P.C. read with Order 42 against the judgment dated 17.9.2012 and decree dated 4.10.2012 passed by Ad hoc Additional District and Sessions Judge-3rd, Siwan in Title Appeal No. 01/2010 (State of Bihar through Collector Siwan & Ors. v. Babloo Sah & Ors.) but because of the fact that the appellant court had remanded the matter, the appeal has been considered as Miscellaneous Appeal in terms of Order 43 Rule 1(U) of the C.P.C. vide order dated 28.11.2013.

The matter would have been admitted but after going through the judgment impugned as well as having appearance of Respondent, and further, finding that the matter could be finally disposed of at the admission stage itself as both parties are of common view that the judgment and decree, in view of para-8 thereof, would not survive, is being disposed of at the present stage itself. For better appreciation, para-8 of the judgment is quoted below:--

When the appeal has been dismissed then, how the judgment of learned lower court along with decree has been dismissed followed with remanding the matter on the specific point to the learned lower court. That means to say, learned lower appellate court was very much confused on that very score and on account thereof, the judgment impugned did not justify its prevalence.

That being so, the judgment and decree passed by the learned lower appellate court is set aside. The instant appeal is allowed.

The matter is remitted to the learned lower appellate court to hear both the parties afresh and to pass judgment in accordance with law. The aforesaid exercise must be completed within four months from the date of receipt of the judgment.