Binod Kumar Roy, J.

1. This is plaintiffs revision application against an order holding that the suit in question is hit by provisions of Sec. 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act).

2. The facts are short and simple.

3. The suit in question was filed for partition in 1961 by the petitioners (and one Mostt. Siya Kuer original plaintiff No. 1 who died during the pendency of the suit and her name was expugned vide order, dated 16.9.1985) for their two annas and odd share and also for a direction to an Advocate-Commissioner to allot the lands sold out and mortgaged by co-sharers to the patti of that co-sharer, etc.

4. The defendants filed a petition under Sec. 4(c) of the Act for passing an order of abatement of the suit on the ground that the plaintiffs have filed a case before the Consolidation Officer, Riga, after commencement of consolidation operations for similar reliefs. It was further stated that in Second Appeal No. 228 of 1975 arising out of the same suit, this Court has held that the suit and the appeals, all abated under the aforementioned Act.

5. The plaintiffs disputed the claims