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1981 Supreme(Pat) 113

S.ALI AHMAD, B.P.JHA
Nathuni Rai – Appellant
Versus
Khira Debi – Respondent


Advocates Appeared:
For the Appellants : M/S S.B.N. Singh & B.K. Singh;
For the Respondents: Mr. Janardhan Sinha & Raghubansh Singh.

JUDGMENT

This is an appeal against the final decree passed by the 1st Additional Subordinate Judge, Arrah.

2. At the time of the preparation of the final decree the Pleader Commissioner submitted the report. These appellants raised objection of the report. These Pleader Commission also heard these appellants at the time of Takhtabandi. The appellants were again heard by the 1st Additional Subordinate Judge in respect of the objection raised by these appellants. The learned Additional Subordinate Judge was pleased to accept the report, In some cases the Additional Subordinate Judge accepted the objection of these appellants and in some cases the objections of these appellants were rejected by the court below. The appellants have not raised any principle or illegality in the impugned order of the learned Additional Subordinate Judge.

3. It has been consistently held by the Division Bench of this Court that such appeal shall be treated as second appeal. This Court will set aside the impugned order only on the ground of illegality or there is violation of any principle. Learned counsel for the appellants has not challenged the impugned order on the ground of illegality or that there is an




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