IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.199 of 2008 1. Haricharan Chourasia @ Harishchand Chourasia 2. Radheshyam Chourasia 3. Santosh Kumar Chourasia - All three sons of late Basant Chourasia, residents of Village Shiopur PS Sonhan District Kaimur (Bhabhua) .... Defendants – Petitioners Versus 1. Ramchandra Pd.Chourasia 2. Gulab Prasad Chourasia - Both sons of late Satya Narain Barai, residents of Village Shiopur PS Sonhan, District Kaimur (Bhabhua) ...Plaintiffs –Opposite parties 3. Jagdamba Shah son of late Baijnath Saha, resident of Ward no.6, Bhabhua, PS Bhabhua District Kaimur 4. Uday Shah 5. Subhash Shah - both sons of late Mohan Shah 6. Ramashankar Shah son of late Saryu Shah - all 4 to 6 are residents of village Ward no.6 Bhabhua, PS Bhabhua, Dist. Kaimur .......Defendants –Opposite parties ----------- 09- 24/10/2011 Heard Mr. Arvind Nath Pandey for the petitioners. The defendants of Title Suit no.154 of 2005 have preferred this revision application under section 115 of the Code of Civil Procedure, and are aggrieved by the order dated 27.11.2007, passed by the learned Munsif, Bhabhua, whereby he has rejected the application of the defendants (the petitioners herein) under Order 7, rule 11(d) of the Code of Civil Procedure. 2. We have perused the materials on record and considered the submissions of the learned counsel for the petitioners. It appears that the suit has been instituted for 2 declaration of title and possession of the suit land. The defendants filed the aforesaid application under Order 7, rule 11(d) of the Code that the present suit cannot proceed and may be directed to have abated in view of the provisions of Section 4(b) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act 1956. The learned trial court has rejected the application on the ground that there is no material on record to show that the consolidation operation is going on in the village in question. This is a valid ground to reject the application. 3. This civil revision application is accordingly dismissed. mrl ( S K Katriar, J.)