IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1412 of 2006 BISHUNDEO PANDEY Versus RAM NARESH CHOUDHARY & ORS ----------- 3. 18.11.2008 Heard counsel for the petitioner. In the opinion of this Court when the petitioner did not choose to raise the basic issue that the area in question was never covered by the notification under the Consolidation Act and in fact proceeded on the basis of this being an admitted fact, the ultimate conclusion arrived by the court below that the suit being one for declaration of title and covered by the Consolidation notification was definitely fit to be abated in terms of section 4C of the Act. That being so, this application has no merit and is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/