IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14403 of 2011 Surendra Singh & Ors Versus Sri Mati Satya Bhama Devi & Or ---------------------------------- 2. 05.09.2011 Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed by the plaintiffs- petitioners against the order dated 28.5.2011 passed by Additional District Judge, Fast Track Court 4th, Madhepura in Title Misc. Appeal No. 5 of 1999 whereby the court below allowed the appeal and set aside the order of the Trial Court dated 6.10.1999 passed in Misc. Case No. 23 of 1989 which was dismissed on finding that the defendants had the notice of the pendency of the suit. The learned counsel for the petitioners submitted that the plaintiffs petitioners filed suit for specific performance of contract. In that suit inspite of service of notice the defendants respondents did not appear. Therefore, the suit was decreed ex parte and thereafter the defendants respondents filed Misc. Case No. 23 of 1989 under Order 9 Rule 13 C.P.C. which was dismissed by the trial court. Against the said order the defendants respondents filed the Title Misc. Appeal No. 5 of 1999 which has been allowed erroneously by the appellate court reversing the finding of the trial court. 2 From perusal of the impugned order it appears that the lower court considered the oral as well as documentary evidences and thereafter given a finding that the defendants had no notice of the suit. This finding of the appellate court is pure finding on the question of fact. Therefore, in exercise of jurisdiction under 227 of the Constitution of India this court cannot turn itself to appellate court and reappraise the evidence and substituted its own finding of fact. I therefore, find no merit in this appeal and accordingly, this writ application is dismissed. S.S. (Mungeshwar Sahoo,J.)