BIRENDRA PRASAD SINHA, J.

1. Whether or not a suit and a proceeding In respect of declaration of rights or interest in any land shall partially abate under Sec. 4(c) of the Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act) is the question which has come up for consideration in this case.

2. The Act provides for consolidation of holdings and prevention of fragmentation of land. Sec.3 of the Act provides that with the object of effecting consolidation of holding for the purpose of better cultivation of land in any area, the State Government may, declare its intention to make a scheme for consolidation of holdings in that area by a notification in the official Gazette. Sec. 4 enumerates the consequences that may ensue in the area to which the notification under sec. 3(1) of the Act relates from the date specified in the notification till the close of consolidation operations. The consolidation operation closes by issue of a notification envisaged in sec. 26 of the Act. One of the consequences is enumerated in sec. 4(c) of the Act which reads as under :-

"Every proceeding for the correction of records and every suit and pro