IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No.174 of 1992 ======================================================

Mahabir Prasad Son of late Ram Singaran Singh, Resident of Village Bhatauli, P.S. Nawanagar, District Bhojpur.

... ... Appellant/s Versus

1.1. Mostt. Dhamuniya Devi W/o Sri Bhagwan Singh, Resident of Village Babu Ganj English, P.O. Bisikala, P.S. Sikaraul, District Buxar.

1.2. Bikarma Singh Son of late Bhagwan Singh, Resident of Village Babu Ganj English, P.O. Bisikala, P.S. Sikaraul, District Buxar.

1.3. Raj Kishore Singh alias Bucha Singh, Son of late Bhagwan Singh, Resident of Village Babu Ganj English, P.O. Bisikala, P.S. Sikaraul, District Buxar.

1.4. Chandradeo Singh S/o Late Bhagwan Singh, Resident of Village Babu Ganj English, P.O. Bisikala, P.S. Sikaraul, District Buxar.

2. Lallan Singh Son of late Babu Ram Singh, Resident of Village Bhatauli, P.S.

Nawanagar, District Bhojpur, at present District Buxar.

... ... Respondent/s ======================================================

with SECOND APPEAL No. 175 of 1992 ======================================================

1.1. Vijay Kumar Singh Son of Late Girja Singh, Resident of Village Bhatauli, P.S. Nawanager, Dist. Buxar.

1.2. Ishwer Singh Son of late Girja Singh, Resident of Village Bhatauli, P.S.

Nawanager, Dist. Buxar.

... ... Appellant/s Versus

1.1. Mostt. Dhanmuniya Devi W/o Late Bhagwan Singh, Resident of Village Babuganj, P.O. Bisikalo, P.S. Sikaraul, District - Buxar.

1.2. Bikram Singh Son of late Bhagwan Singh, Resident of Village Babuganj, P.O. Bisikalo, P.S. Sikaraul, District - Buxar.

1.3. Raj Kishore Singh alias Bucha Singh, Son of Late Bhagwan Singh, Resident of Village Babuganj, P.O. Bisikalo, P.S. Sikaraul, District - Buxar.

1.4. Chandradeo Singh Son of late Bhagwan Singh, Resident of Village Babuganj, P.O. Bisikalo, P.S. Sikaraul, District - Buxar.

2. Sri Lallan Singh Son of late Babu Ram Singh, Resident of Village Bhatauli, P.S. Nawanager, Dist. Bhojpur at present Dist. Buxar.

... ... Respondent/s ======================================================

Appearance :

(In SECOND APPEAL No. 174 of 1992)

For the Appellant/s : Mr. Din Bandhu Singh, Advocate Mr. Satya Deo Kumar, Advocate For the Respondent/s : Mr. Yogendra Pd. Sinha, Advocate (In SECOND APPEAL No. 175 of 1992)

For the Appellant/s : Mr. Din Bandhu Singh, Advocate Mr. Satyadeo Kumar, Advocate For the Respondent/s : Mr. Yogendra Pd. Sinha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

CAV JUDGMENT

Date: 17-02-2026 Heard Mr. Din Bandhu Singh, learned counsel for the appellant assisted by Mr. Satyadeo Kumar and Mr. Yogendra Prasad, learned counsel for the respondents in both the appeals.

2. Both Second Appeal have been filed under Section 100 of the Code of Civil Procedure (hereinafter read as “CPC”) by the appellant/respondent/plaintiffs against the judgment dated 16.04.1992 and decree dated 20.04.1992 passed by learned Additional District Judge, Buxar, whereby and where under the learned Appellate Court in Title Appeal Nos. 04 of 1978 and 05 of 1978 set asides the judgment and decree dated 17.12.1977 passed in Title Suit Nos. 32 of 1968 and 30 of 1968 by learned Munsif-I, Buxar.

3. Following, substantial questions of law have been formulated for determination: -

(i). Whether the appellate Court could have framed issue for decision of the appeal which does not arise out of pleadings and the decision arrived at by the appellate Court can be sustained?

(ii) Whether when there is no pleading as to how the suit was maintainable and issue regarding maintainability have been framed and decided by the appellate Court setting aside the Judgment and decree of the trial Court without assigning other reason on merit and evidence?

4. The respondents herein were the appellants/defendants before the learned appellate Court and learned trial Court and the appellants here in were respondents/plaintiffs. The appellants/respondents/plaintiffs filed Tit