Prashant Kumar, J. - (1.) THIS miscellaneous appeal is directed against the order dated 4.3.2006 passed by 1st Additional District Judge, Chatra in Title Appeal No. 31 of 1998 whereby and whereunder he remanded the case in the court below with direction to decide all the issues framed by it.
(2.) IT is submitted by learned Counsel for the Appellants that since the court below decided Issue Nos. ii and iii, which are sufficient to dismiss the suit, the court below is not required to decide other issues framed, because the same will remain an academic discussion. Accordingly, it is prayed that the impugned order be set aside. Having heard the submission, I have gone through the record of the case. As per Order XVI Rule 2 of the CPC, it is incumbent upon any court to decide all issue, notwithstanding that the case may be disposed of on a preliminary issue.
(3.) IN view of the said provision, I find no illegality in the impugned order.;