IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1840 of 2006 1. KAILASH SINGH, S/O LATE HIRDAYA SINGH 2. TUNTUN SINGH, S/O LATE PARASH SINGH 3. DHIRENDRA SINGH @ DHIRENDRA PD. SINGH 4. MITHALESH SINGH @ MITHLESH KUMAR SINGH BOTH SONS OF TUNTUN SINGH. 5. SIDHNATH SINGH, S/O LATE KAMESHWAR SINGH 6. RAJEDNRA SINGH, S/O LATE PRAHALAD SINGH 7. SHIV UMANAND @ KUMAR SHISHIR, S/O RAJENDRA SINGH 8. BIJAY SINGH 9. AJAY SINGH @ AJAY PD. SINGH 10. SANJAY SINGH @ DHANANJAY SHARMA ALL SONS OF KAILASH SINGH 11. SMT. BASANTI DEVI, D/O LATE SEVAN SINGH 12. NAGESHWAR SINGH, S/O LATE RAM KESHWAR SINGH 13. AKHALESH SINGH @ AKHLESH KUMAR, S/O NAGESHWAR SINGH 14. PRADUMAN SINGH, S/O LATE SEVAN SINGH 15. SMT. CHANDRAKALI DEVI, W/O TUNTUN SINGH ALL R/O VILLAGE-MAINPURA, P.S.-ARWAL NOW KALER, DISTRICT-JEHANABAD, NOW ARWAL. ……………DEFENDANTS/PETITIONERS. Versus 1. RAMDEO SINGH @ LALI SINGH, S/O LATE BABU HARI PRASAD SINGH 2. SARBESHWAR PRASAD SINGH 3. BISHESHWAR BOTH SONS OF RAM DEO SINGH ALL RESIDENT OF VILLAGE-MAINPURA, P.S.-ARWAL NOW KALER, DISTRICT-JEHANABAD NOW ARWAL …………PLAINTIFFS/OPPOSITE PARTIES 4. MANORMA KUMAR, W/O LATE SHAMBHU SINGH 5. BIKASH KUMAR, S/O LATE SHAMBHU SINGH 6. SHIYA KUMARI, W/O PRASAD JI. AT PRESENT RESIDENT OF VILLAGE MOUARE, P.S.-HASHPURA, DISTRICT-AURANGABAD. 7. KALDEO SINGH 8. KAPILDEO SINGH BOTH SONS OF LATE BABU HARI PRASAD SINGH 9. JAGESH KUMAR, S/O LATE LALDEO SINGH. 10. MRITUNJAY SINGH, S/O LATE LALDEO SINGH 11. SHAILEDNRA KUMAR, S/O NAGESHAR SINGH 12. BACHCHA SINGH, S/O LATE NATHUN SINGH 13. SHASHI RANJAN SINGH, S/O BACHCHA SINGH 14. SATYADEO @ NALIN SINGH, S/O BACHCHA SINGH 15. ARVIND KUMAR 16. ANJANI KUMAR BOTH SONS OF KALDEO SINGH 17. SHEO SHANKAR SINGH 18. AMBUJ SINGH BOTH SONS OF LALDEO SINGH 19. SMT. MOTI JHARI DEVI, W/O KAPILDEO SINGH ALL RESIDENT OF VILLAGE-MAINPURA, P.S.- ARWAL NOW KALER, DISTRICT-JEHANABAD NOW ARWAL. …………DEFENDANTS/OPPOSITE PARTIES. ----------- 2 4 13.04.2009 Heard learned counsel for the petitioners. This civil revision application has been filed by the defendants against order dated 19.7.2006 passed by Sub-Judge- Ist, Jehanabad in Partition Suit No. 68 of 1961/23 of 1974 by which the learned trial court has rejected the application of the defendants for abatement of the suit in view of Section 4(c) of the Bihar Consolidation of Holding and Prevention of Fragmentation Act 1956. Learned counsel for the petitioners has referred to Annexure-4 to submit that the earlier notification closing the consolidation proceeding in the area stands withdrawn by subsequent notification of the State Government dated 15.3.2004. Therefore, the notification by which the consolidation proceeding had been started in the area stands revived. From the impugned order, it does not appear that this notification dated 15.3.2004 was produced on behalf of the defendants before the trial court for 3 consideration of its legal implications. In the circumstances, this civil revision application is disposed of with liberty to the defendants to file a fresh application before the learned trial court enclosing all the notifications issued by the State Government from time to time under the Consolidation Act in respect of the area concerned. If such notifications are produced before the learned trial court, the trial court shall consider the same, examine their legal implications and pass appropriate orders in the matter a fresh. Arvind/ (J. N. Singh, J.)