GURUPAD SAMBHAV RAM Vs. PRASHANT SINHA

JUDGEMENT

(1.) As question of fact and law in both the appeals is identical, they are heard analogously and are being disposed of by this common order.

(2.) Both the appeals are preferred under Order 43 Rule 1 (a) of the Code of Civil Procedure 1908 against the order dated 13-08- 2010 passed by Additional District Judge, District Jashpur in Civil Appeal No. 8-A/2006 (Prashant Sinha vs. Gurupad Sambhav Ram and three others) and in Civil Appeal No. 7-A/2006 ( Tej Pratap vs. Guruprad Sambhav Ram and three others) wherein the said court reversed the order passed by the Second Civil Judge, Class-1, Jashpur dated 13-3-2006 in Civil Suit No. 17-A/2005 & Civil Suit No.18-A/2005 and directed that the said court shall first decide the application under Order 47 Rule 1 read with Section 151 of the CPC and thereafter proceed with the case, in accordance with law.

(3.) In MA No. 79 of 2010 original respondent No.1/plaintiff namely Tej Pratap filed a civil suit for declaration of title and possession regarding land bearing survey No. 128/3 area 5.666 hectares situated at village Narayanpur and for possession of the said land. As per the said respondent he had purchased the land from Sarveshwari Samuh, Jashpurnagar vide registered sale deed dated 26-10-1976 and he came in possession of land in question and got recorded his name in the revenue record.