AWADH RAI Vs. MEWALAL RAI

JUDGEMENT

(1.) Heard learned counsel for the parties. We are of the view that the statutory scheme of the Bihar Consolidation of Holdings (Prevention of Fragmentation) Act, 1956 does not bring about an automatic abatement of the pending proceedings in the civil court but it is not necessary that a formal application should be made; if and when the matter is brought to the notice of the court that the relevant notification under the Consolidation Act has been made, the court after hearing the parties can make an order to the effect that there is an abatement. On the question of abatement of the appeal, it is open to either of parties to move the High court, if so advised, but we express no opinion on merits. The special leave petition is disposed of.