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1990 Supreme(SC) 376

SUPREME COURT OF INDIA
Kuldip Singh : P.B.Sawant : Ranganath Misra
Awadh Rai
Versus
Mewalal Rai
Case No. : 1225 of 1989
Date of Decision : 7/23/90
Advocates Appeared: Mishra Gyan Sudha : Sinha S.K.

Advocates:
GYAN SUDHA MISHRA, S.K.Sinha

(1) HEARD learned counsel for the parties. We are of the view that the statutory scheme of the Bihar Consolidation of Holdings (Prevention of Fragmentation) Act, 1956 does not bring about an automatic abatement of the pending proceedings in the civil court but it is not necessary that a formal application should be made; if and when the matter is brought to the notice of the court that the relevant notification under the Consolidation Act has been made, the court after hearing the partics can make an order to the effect that there is an abatement. On the question of abatement of the appeal, it is open to either of parties to move the High court, if so advised, but we express no opinion on merits. The special leave petition is disposed of.

ASSTT. Registrar

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