ASHOK KUMAR SINGH Vs. MITHILESH KUMAR SINGH

JUDGEMENT

(1.) THE petitioners are aggrieved by the order dated 8.10.2004 passed by the Subordinate Judge I, Vaishali at Hajipur in Title Suit No. 563/2001, whereby the petition filed under section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, hereinafter referred to as the Consolidation Act, has been allowed.

(2.) THE facts relevant to the case are that the plaintiff -petitioners filed the abovementioned suit for declaration that the six registered sale deeds executed in favour of the defendants be declared fraudulent, illegal and inoperative. During the pendency of the suit the defendant -opposite party no. 2 filed a petition under section 4(c) of the Consolidation Act stating therein that the consolidation proceeding is in force i.e. notification under section 3 of the Consolidation Act has been published and as such the suit will abate. The trial court, after hearing the parties, passed order that the suit abated under section 4(c) of the Consolidation Act. The petitioners have challenged the said order in the civil revision petition.

(3.) HOWEVER , on consideration this much is obvious from the copy of the plaint produced before the Court that the suit was filed for declaration of the sale deeds null and void and inoperative and such suit will not abate because no declaration over the land has been sought for in the plaint. In this regard reference may be made to a decision in the case of Smt. Shanti Devi & Anr. vs. Tribeni Tiwary & Ors., 1993 PLJR 81. However, there is nothing on the record to show as to whether any amendment of the plaint has been made or not.