ISWAR DEHURY Vs. SUCHI DEI

JUDGEMENT

(1.) This Civil Revision arises out of an order of the learned Munsif of Angul in Title Suit No.3 of 1979 where the plaintiff prayed for declaration of his title and possession in respect of 1 decimal of homestead land in village Kumari Singha within Angul Police Station. This village has been notified on 6-8-1973 to come within the consolidation area under S.3(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the 'Act'). By the impugned order passed, the suit has stood abated under S.4(4) of the Act.

(2.) As the defendants who are opposite parties in this Civil Revision did not enter appearance in this Court in spite of valid service of notice, I requested Mr.S.S. Swain, Advocate to present the case on their behalf amicus curiae.

(3.) Both Mr. J. K. Misra, the learned counsel for the petitioner and Mr. S.S. Swain, appearing amicus curiae for the opposite parties at my request made their respective submissions based on S.4 (4) of the Act. However, S.4(4) has no application as the suit was instituted on 30-7-1979 after the notification under S.3(1) of the Act. This is clear from the observation of the Division Bench of this Court in the case reported in (1982) 54 Cut LT 584 : Jadumani Biswal v. Narayan Chandra Biswal (dead) to the following effect: