IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.47 of 2009 SHEO BIHARI SAH Versus SHEO BACHAN KANU@SHEO CHAND&OR ----------- 2. 16.1.2009 Heard counsel for the petitioner. In the opinion of this Court the issue as to whether the suit had abated in terms of section 4B read with section 37 of the Consolidation Act was required to be decided by way of preliminary issue. The whole concept of Order 14 Rule 2 will be rendered nugatory, if an issue going to the root of the matter and that too based on a pure question of law will be kept pending for its being decided after years of adjudication. That being so, this Court would direct the court below to examine the additional issue, framed in the impugned order, by way of preliminary issue and pass an order in accordance with law. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/