IN THE HIGH COURT OF JUDICATURE AT PATNA MA No. 5 of 2010 1. RAM SURESH SINGH S/O LATE SHEO DUTT SINGH R/O MOHALLA- SIDHNATH GHAT, BUXAR, OLD WARD NO. 1, NEW WARD NO.- 9, UNDER BUXAR MUNICIPALITY, P.S. BUXAR TOWN, P.O.+DISTT.- BUXAR. 2. DINA NATH SINGH S/O LATE SHEO DUTT SINGH R/O MOHALLA- SIDHNATH GHAT, BUXAR, OLD WARD NO. 1, NEW WARD NO.- 9, UNDER BUXAR MUNICIPALITY, P.S. BUXAR TOWN, P.O.+DISTT.- BUXAR 3. SRI RAM SINGH S/O LATE SHEO DUTT SINGH R/O MOHALLA- SIDHNATH GHAT, BUXAR, OLD WARD NO. 1, NEW WARD NO.- 9, UNDER BUXAR MUNICIPALITY, P.S. BUXAR TOWN, P.O.+DISTT.- BUXAR. 4. PREM LAL SINGH S/O LATE RAJA RAM SINGH R/O MOHALLA- SIDHNATH GHAT, BUXAR, OLD WARD NO. 1, NEW WARD NO.- 9, UNDER BUXAR MUNICIPALITY, P.S. BUXAR TOWN, P.O.+DISTT.- BUXAR 5. RAM EKBAL SINGH S/O LATE RAJA RAM SINGH R/O MOHALLA- SIDHNATH GHAT, BUXAR, OLD WARD NO. 1, NEW WARD NO.- 9, UNDER BUXAR MUNICIPALITY, P.S. BUXAR TOWN, P.O.+DISTT.- BUXAR. 6. BIRENDRA KUMAR SINGH S/O LATE RAJA RAM SINGH R/O MOHALLA- SIDHNATH GHAT, BUXAR, OLD WARD NO. 1, NEW WARD NO.- 9, UNDER BUXAR MUNICIPALITY, P.S. BUXAR TOWN, P.O.+DISTT.- BUXAR. Versus 1. THE STATE OF BIHAR, THROUGH COLLECTOR, BUXAR 2. CIRCLE OFFICER, ANCHAL BUXAR, P.S. BUXAR, TOWN, P.O.+DISTT.- BUXAR. ----------- 6. 28.02.2011 The appellants are aggrieved with part of the judgment dated 20.10.2009 passed by the District Judge, Buxar in Title Appeal No. 12 of 2008 by which the judgment and decree dated 29.02.2008 passed by the Civil Judge (Junior Division)-II, Buxar in Title Suit No. 98 of 2001 has been set aside and the matter has been remanded for afresh adjudication. Despite notices to the respondents none of them have appeared. It has been submitted, after negativing 2 the reasonings of Trial Court, the Appellate Court has set aside the judgment and thereafter remanded the matter for afresh adjudication under Order 41 Rule 23(A) without any cause since there is no indication that there was requirement for additional issue to be framed in the suit which called for afresh trial. Accepting the arguments raised on behalf of the appellants, the appeal is allowed and the judgment dated 20.10.2009 passed by the District Judge, Buxar in Title Appeal No. 12 of 2008 is set aside with the direction to the Appellate Court to decide the matter on its own merit within a period of three months from the receipt of this order. The appeal stands allowed. Vikash/- (Anjana Prakash, J.)