S.N.JHA, J.

1. This Second Appeal by the Defendant 1st Party of Title Suit No. 17 of 1983 of the Court of 5th Subordinate Judge, Munger is directed against the judgment and decree of the 12th Additional District Judge, Munger, upholding the judgment and decree of the trial Court, decreeing the plaintiffs suit. It may be mentioned here that the said suit was tried analogous with Title Suit No. 104 of 1984 instituted by the appellant. While Title Suit No. 17 of 1983 was decreed Title Suit No. 104 of 1984 was dismissed. It may also be mentioned here that the Second Appeal arising out of Title Suit No. 104 of 1984, which was disposed of by a common judgment, being Second Appeal No. 159 of 1993 has been dismissed by a learned Judge of this Court vide judgment reported in 1999 (3) Pat LJR 45. The question of law raised in this appeal being the same as in the other appeal, in the ordinary course this appeal should have been dismissed summarily as being covered by the inter-party decision in the other appeal. Another learned Judge of this Court before whom this appeal came up for hearing under Order 41, Rule 11, CPC however referred it to a Division Bench noticing the conflict betw