GOPAL MAHTO Vs. RAMASHANKAR SHARMA

JUDGEMENT

(1.) LEARNED counsel for the parties are ready to argue the case on merit at the stage of hearing under Order 41 Rule 11 of the Code of Civil Procedure, as such, I proceed to consider this Misc. Appeal on its own merit and dispose of the same.

(2.) HEARD learned counsel for the parties.

(3.) THIS Misc. Appeal has been preferred under Order 43 Rule 1(U) of the Code of Civil Procedure against the Judgment dated 05.03.2013 passed in Title Appeal No.70 of 2006, whereby the Additional District Judge -14, Patna, allowed the Title Appeal No.70 of 2006 setting aside the Judgment and Decree dated 28.01.1997 passed in Title Suit No.181 of 1990 by the Sub Judge -II, Patna City, Patna, and remitted the case back for passing the Judgment afresh after hearing the parties.