RAM BALI PRASAD @ RAM BALI GOPE AND ORS Vs. PRINCIPAL, CONSOLIDATION TRAINING INSTITUTE, BIHAR, PATNA AND ORS

JUDGEMENT

(1.) The private respondents in the writ petition are appellants in this intra-Court Appeal in relation to proceedings under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (For brevity, the Consolidation Act).

(2.) There is a short point for reconsideration. What is the effect of Section 4 (c) of the Consolidation Act on proceedings in Civil Court in relation to partition The learned Single Judge, following apparently the Full Bench judgment of this Court in the case of Hari Mohan Thakur & Others Versus- Mahendra Narain Chand & Others, 1989 PLJR 88, held that partition suits and decrees passed therein do not abate. Learned Single Judge distinguished the case of the Apex Court in the case of Most Bibi Rahmani Khatoon & Others Versus- Harkoo Gope & Others, 1981 BBCJ(SC) 197 and allowed the writ petition holding that the revisional authority under the Consolidation Act failed to take note of factum of partition as per the partition decree.

(3.) Shri K N Chaubey, learned Senior Counsel in this appeal contends that learned Single Judge was not correct. He further relies on a recent judgment of the Apex Court in the case of Paras Nath Rai & Others Versus- State of Bihar & Others, 2013 1 PLJR(SC) 1 wherein, in relation to partition suit, the Apex Court has held that except where the partition decree has attained finality, the suits would abate as a whole as if they were never filed.