IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.619 of 2009 RAMJI DHOBI,Son of late rambriksh Dhobi, resident of village- Sareya, P.S. Bhagwanpur, District-Kaimur(Bhabua). Versus 1. SRI RAM DHOB, Son of late Biltan Dhobi, Adopted son of Late Prasad Dhobi & Others. 2. 20.04.2009 Heard leaned counsel for the petitioner. This revision application has been filed by the defendant against the order dated 16.1.2009 passed by Sub-judge-I Bhabhua in title Suit No.297 of 2002. On that day a petition was filed on behalf of the defendant under Section 4(B) and 4(C) of the Bihar Consolidation of Holding and Prevention of Fragmentation Act for abatement of the suit. The learned court below found that the argument on behalf of the plaintiff was concluded in the suit and the defendants were called upon to advance their arguments when the petition for abatement was filed. Therefore, the learned court below has kept this petition for disposal while delivering the judgment. The question of the abatement of the suit under Section 4(B) and 4(C) of the Act goes to the root of maintability of the suit. Therefore, that should be decided first. In the circumstances, this revision application is disposed of with direction to the court below to hear the parties on the application of the defendant-petitioner and come to the conclusion with regard to the abatement or otherwise of the suit. In case he finds that the suit does not abate he will direct the defendant to commence arguments and concluded the same at an early date. With the above observation/direction the revision application is disposed of. (J. N. Singh, J.) Ravi/-