SUKHNANDAN S/O SUNAU SATNAMI Vs. RAJNI

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the Plaintiffs under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 (for short 'the CPC') questioning the propriety of the order dated 28.11.2014 passed by the 5th Additional District Judge, Bilaspur in Civil Appeal No.57-A/2013 by which, the lower appellate Court, while exercising the powers under Order 41 Rule 23-A, read with Order 41 Rule 25 CPC, has remanded the matter to the concerned trial Court for its decision afresh.

(2.) Briefly stated, the facts of the case are that the Plaintiffs instituted a suit claiming declaration of title and injunction by submitting inter alia that after the death of Shanti Lal, they have inherited the property in question described in Plaint Paragraph-1. It is pleaded that the Defendants, without any authority, have approached the revenue authorities for obtaining the revenue papers mutated in their names and after obtaining the same, started interfering in their peaceful possession. The Plaintiffs have, therefore, been constrained to file the suit in the instant nature.

(3.) The aforesaid claim was contested by the Defendants by stating that the Plaintiffs are not the heirs of said Shanti Lal and therefore, they are not entitled to claim as such.