Panchanand Yadav And ORS v. Lakhan Prasad Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5266 of 2016 ====================================================== Panchanand Yadav & Ors .... .... Petitioner/s

Versus

Lakhan Prasad Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-07-2016 Heard learned counsel Mr. Shiva Shankar Sharma for the petitioners.

Perused the order dated 18.02.2016 passed by the court below in Title Appeal No.25 of 2001.

It appears that the application has been filed by the petitioners under Order 41 Rule 25 of the Code of Civil Procedure and prayed for framing an issue and remanding the issue for decision before the trial court. The court below has by the impugned order rejected the same.

Order 41 Rule 25 of the Code of Civil Procedure speaks about the jurisdiction of the appellate court. If at all any issue is required to be framed and if it requires evidence, the appellate court may refer the same to the trial court and shall direct such court to take additional evidence. Therefore, the jurisdiction can be decided by the appellate court after hearing the

Patna High Court CWJC No.5266 of 2016 (2) dt.20-07-2016 parties in the judgment.

In my opinion, the learned court below has rightly rejected the application filed by the petitioners. Thus, this writ application has got no merit. Accordingly, it is dismissed. (Mungeshwar Sahoo, J) Harish/- U