IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1956 of 2008 VIJAY MAHTO & ORS Versus MOSTT. FULIYA DEVI & ORS. ----------- 2 27/11/2008 Heard counsel for the petitioners. In the opinion of this Court the suit which had abated way back in the year 1989, could not have been revived at the instance of the defendants-petitioners in the year 2008. Such choice was always to be left to the plaintiff of the suit and if the plaintiff has not come out with an application, the Court has rightly raised its hand by rejecting prayer of the petitioner for revival of the suit on the ground that the land is denotified under the Consolidation Act. That being so, there is no reason to interfere with the impugned order in absence of any jurisdictional error. Accordingly, this application being wholly misconceived is hereby rejected. ( Mihir Kumar Jha, J. ) Abhay Kumar