IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11638 of 2010 1. RAMESHWAR PRASAD SINGH S/O SIDHESHWAR PRASAD SINGH R/O VILL JAMUAIN,P.S. SHERGHATI, DISTT-GAYA 2. BISHEWESHWAR PRASAD SINGH S/O SIDHESHWAR PRASAD SINGH R/O VILL JAMUAIN,P.S. SHERGHATI, DISTT-GAYA 3. GYANESHWAR PRASAD SINGH S/O SRI RAMESHWAR PRASAD SINGH R/O VILL JAMUAIN,P.S. SHERGHATI, DISTT-GAYA 4. SANTOSH KUMAR SINGH S/O SRI RAMESHWAR PRASAD SINGH R/O VILL JAMUAIN,P.S. SHERGHATI, DISTT-GAYA 5. SHYAM NANDAN SINGH S/O SRI RAMESHWAR PRASAD SINGH R/O VILL JAMUAIN,P.S. SHERGHATI, DISTT-GAYA 6. AMARNATH SINGH S/O SRI RAMESHWAR PRASAD SINGH R/O VILL JAMUAIN,P.S. SHERGHATI, DISTT-GAYA 7. RAJESHWAR PRASAD SINGH S/O SIDHESHWAR PRASAD SINGH R/O VILL JAMUAIN,P.S. SHERGHATI, DISTT-GAYA 8. PREM PRAKASH SINGH S/O SIDHESHWAR PRASAD SINGH R/O VILL JAMUAIN,P.S. SHERGHATI, DISTT-GAYA 9. SHASHI KANT SINGH S/O SIDHESHWAR PRASAD SINGH R/O VILL JAMUAIN,P.S. SHERGHATI, DISTT-GAYA 10. RAVI KANT SINGH S/O SIDHESHWAR PRASAD SINGH R/O VILL JAMUAIN,P.S. SHERGHATI, DISTT-GAYA 11. SANJAY KUMAR S/O SIDHESHWAR PRASAD SINGH R/O VILL JAMUAIN,P.S. SHERGHATI, DISTT-GAYA Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR GAYA 3. THE ADDL. COLLECTOR GAYA 4. THE S.D.O.CUM DEPUTY COLLECTOR LAND REFORMS SHERGHATI, GAYA 5. THE ANCHAL ADHIKARI SHERGHATI, GAYA ----------- 4/ 21/04/2011 Heard learned counsel for the petitioner and learned counsel for the State. On consideration of the submissions made by the parties the Court is satisfied that the order dated 7.6.2010 of the District Judge, Gaya in Title Appeal No.64/09 suffers from jurisdictional error when it proceeds to admit the appeal and orders adjudication of the issue of limitation subsequently. Condonation of the limitation was a condition precedent to the admission of the appeal. The order dated 7.6.2010 is therefore set aside to that extent. 2 The matter is remanded to the court of the District Judge to hear the parties on the issue of limitation, decide on the issue of condonation and then proceed in accordance with law to decide whether the appeal should be admitted or not. The writ application is allowed. KC ( Navin Sinha, J.)