SAGARMAL SHARMA AND ORS. Vs. GAJANAN SHARMA

JUDGEMENT

(1.) THIS application by the Defendants is directed against the order of the Munsif, Bargarh, rejecting their prayer to pass an order of abatement of the suit under Section 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (shortly stated 'the Act').

(2.) UNDISPUTEDLY the consolidation operations are in progress in the area. Section 4 provides for the effect of the notification issued under Section 3 of the Act. Sub -section (4) of Section 4 provides that "every suit and proceedings for declaration of any right or interest of any land situate within the consolidation area in regard to which proceedings could be or ought to be started under this Act, which is pending before any Civil Court" at any stage is to stand abated. Issuance of the notification, therefore, prior to institution of any suit or subsequent thereto is immaterial. The absolutely wrong observation made by the Munsif in paragraph 5 of the order that since the date of the publication of the notification was not known, i.e., whether it was after or before the filing of the suit, the present suit could not abate under section 4(4) of the Act, simply betrays his ignorance of law.

(3.) NOBODY appeared on behalf of the opposite party. Therefore, I have taken some pains to examine the matter with more care from the stand point of the Plaintiff also.