ASHOK KUMAR RAY Vs. REBA BISWAS

JUDGEMENT

(1.) In this writ petition, the petitioners being the defendants in C.S. No. 464 of 20.08 of the Court of Civil Judge (Senior Division), Puri assails the order passed by the Court of original jurisdiction on 04.12.2009 rejecting the application filed by the defendant to pass necessary orders to the effect that the suit abates as far as the suit Schedule 'C' properties of the plaint is concerned.

(2.) The facts leading to filing of this writ petition may be stated as follows :

(3.) Law relating to jurisdiction of the consolidation authorities and in which case the suit should abate has been set at rest by this Court in the aforesaid case. Section 9 provides for publication of records and issue of extracts and notices. Sub-section (3) of Section 9 provides that any person to whom a notice under Sub-section (2) has been issued or any other person interested may within thirty days of the receipt of the notice or of the publication under Sub-section (1), as the case may be, file before the Assistant Consolidation Officer objections on the correctness of entries in the records and the extracts furnished therefrom, or on the Statement of Principles or relating to partition. So it is the duty of the person interested, if he has any objection, has to raise such objection before the Assistant Consolidation Officer within fifteen days of publication under Sub-section (1) or under receipt of the notice Sub-sections 10 and 11 of the Act provides for disposal of objection by the Assistant Consolidation Officer and Consolidation Officer respectively. Section 12 provides for appeal, Section 14 provides for bar on objection, which reads as follows :