ORDER

1. This miscellaneous appeal has been filed against the judgment and decree dated 5.3.2021 passed by learned District Judge, Jabalpur in RCA No. 13/2019 Smt. Sandhya Pasi v. Banti @ Brijesh Pasi and others.

2. The facts of the case are that appellant/plaintiff had filed a civil suit for partition of suit property situated at Mauja Ranipur, No. B. 401, Patwari Halka No. 25, admeasuring 4310 square feet, Khasra No. 82/2, District Jabalpur.

3. The learned Civil Judge at Jabalpur vide Annexure A-6 judgment dated 3.12.2018 decreed the suit by directing that the plaintiff was entitled to 1/5 portion of the suit property and he is entitled to get the suit property divided and obtain the possession of the same.

4. Appellant submits that respondent No. 1 Smt. Sandhya filed an application under Order 41 rule 27 of C.P.C. New grounds were set up, the present appellant opposed the application under Order 41 rule 27 of CPC that no one can be permitted to take advantage of her or his mistake but the learned Ist appellant Court Jabalpur by judgment dated 5.3.2021 remanded the case for recording of the evidence on the issue framed by the Appellate Court which is under challenge in this appeal b