IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1604 of 2006 BHIKHARI SAH Versus CHANDESHWAR SAH @ CHANDESHWAR SINGH ----------- 3 13.01.2009 Heard counsel for the petitioner. In the opinion of this Court an issue as to whether the suit in hand had abated was an essentially a question of fact. Such question of fact had to be gone into on the basis of the documents. The court below has recorded that the petitioner did not produce any document to establish the fact with regard to the land in question being a subject matter of any consolidation proceeding. That being so, this Court would not find any error in the impugned order and accordingly this Civil Revision application is dismissed. The dismissal of this Civil Revision application, however, will not preclude the petitioner from agitating the same issue in the event he produces the documents before the Court below, to show that the subject matter of the suit is a subject matter of on going consolidation proceeding. With the aforementioned observations this Civil Revision application is dismissed. Bibhash (Mihir Kumar Jha, J.)