HARI NARAIN SINGH Vs. JABIT SINGH

JUDGEMENT

(1.) Both these civil revision applications arise out of the same matter and the question of law involved in both the applications is the same and as such they are being disposed of by this common judgment.

(2.) Civil Revision No. 1812 /86 is directed against the order dated 23-4-1985, passed by the Second Additional District Judge in Title Appeal No. 40 of 1977; whereby, he has held that the Title Appeal and the Title Suit, out of which the appeal arose have abated under S. 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Consolidation Act').

(3.) Civil Revision No. 1906 / 86 is directed against the order dated 2-8-1986, passed by the Execution Munsif, Arrah, in Execution Case No. 60 / 77 dismissing the execution case on the ground that the decree in pursuance of which the execution case was levied, has become non est in the eye of law after the abatement of the suit and appeal under the provisions of the Consolidation Act.