LAW FOR ALL

Land Laws - Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 - ss.3 and 4(c) - Partition suit - Dismissed by civil court - Title appeal - During pendency thereof, notification issued u/s.3 of the 1956 Act - Consequence= Partition suit was decreed in lower court , appeal filed and appeal is abated due to non-bringing of legal heirs- Notification under Bihar consolidation of Holdings and prevention of Fragmentation Act 1956 published - application filed before appellant -In the present case, title appeal was pending when notification was issued u/s.3 of the 1956 Act, whereafter an application u/s.4(c) of the 1956 Act was preferred to the effect that the appeal and the suit had abated by statutory operation of law - It would have been advisable on the part of the appellate court to record a finding that the entire proceeding of the civil suit stood abated - But the appellate court directed abatement because of non-substitution of the legal heirs of one of the respondents - Hence, the suit as well as the appeal abated and resultantly the very commencement of the civil proceeding came to a naught and, therefore, findings recorded in the said proceeding became extinct - High Court did not appreciate the lis in proper perspective and held that reliance on the findings recorded by the civil court by the revisional consolidation authority under the 1956 Act could not be faulted - Said conclusion wholly erroneous - Matter remanded to High Court to decide the matter on merits on basis of the material brought before the Consolidation Authorities.= Paras Nath Rai and others ….. Appellants Versus State of Bihar and Ors. … Respondents = Published in http://judis.nic.in/supremecourt/helddis.aspx