IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.379 of 2007 ---- Jagathran Devi, Wife of Shri Jai Bahadur Tiwari , R/O Village- Narhi, Narhichandi, P.S. Chandi District-Bhojpur. -- Plaintiff-Petitioner. Versus 1. Lal Babu Paswan S/o Rameshwar Paswan 2. Lalan Pathak 3. Baban Pathak 4. Kedar Pathak All Son of Late Raghunandan Pathak R/O Village Narhi, P.O. Narhichandi P.S. Chandi, District-Bhojpur. 5. Ashok Pandey 6. Vijay Pandey 7. Madan Pandey All sons of Late Shri Niwas Pandey R/O Village-Harigaon, P.O. Saneya Barhata, P.S. Jagdishpur, District-Bhojpur. -- Defendants-Opposite Parties. ---- For the petitioner : M/s. Aditya Narain Singh –I, & Rajeev Ranjan, Advocates. For the opposite parties: None. ---- 02. 31.07.2009 Heard learned counsel for the sole-plaintiff-petitioner, who had filed this civil revision challenging order dated 25.11.2006 by which the learned Subordinate Judge IV, Ara, Bhojpur allowed the petition filed by the defendant-opposite party no.1 and abated Title Suit No.319 of 2003 under the provision of Section 4(b) and 4(c) of the Consolidation of Holdings and Prevention of Fragmentation Act, 1956. 2. The aforesaid suit was filed by the plaintiff-petitioner for the following reliefs:- (a) For partition of moiety share of the plaintiff in Schedule-I of the plaint by way of Pleader Commissioner and final decree. (b) Temporary injunction against the defendants with respect to the suit land. (c) Cost of the suit. - 2 - (d) Any other relief to which the petitioner is entitled to. 3. Learned counsel for the petitioner submits that, in fact, question of validity of deeds dated 26.07.1983 and 19.03.1982 was in issue in the aforesaid suit, but since the plaint was not happily worded, the said relief was not included in the plaint. He further submits that had the said relief been included in the plaint, the suit would not have abated. 4. In the aforesaid facts and circumstances, learned counsel for the plaintiff-petitioner wants to withdraw this civil revision with permission to file a fresh title suit with the fresh and relevant reliefs which do not attract the provision of the aforesaid Act. 5. Prayer of the plaintiff-petitioner is allowed and this civil revision is disposed of as withdrawn. Sunil (S. N. Hussain, J.)