U.C.SHARMA, J.

1. This application in revision is directed against an order dated 28.5.1977 passed by the Munsif, East Muzaffarpur, in a suit for redemption holding that the suit stood abated under Sec. 4 (c) of the Consolidation of Holdings and Prevention of Fragmentation mentation Act, 1956 (hereinafter to be called as "the Act").

2. The plaintiffs instituted a suit against the defendants-first party for redemption of a mortgage bond dated 23-6-1947 executed by one Bigan Singh, father of the defendants-second party, in favour of defendants-1st party. The subject-matter of the mortgage was lands of plots Nos. 204 and 281 of Khata No. 89. The plaintiffs case is that they purchased the suit lands from the defendants-second party by virtue of a registered sale deed dated 18-12-1972. The mortgage amount of Rs. 400.00 was left with the purchaser for redemption of the mortgage. It was alleged that the plaintiffs after their purchase, tendered the amount to the defendant-first party which having been refused, was deposited in Court under Section 83 of the Transfer of Property Act. The defendant-first party did not withdraw the amount. Hence the plaintiffs filed a suit for redempt