S.B. SANYAL, J

1. This second appeal is by defendant no.13. The appeal arises out of a suit for partition of land plaintiff claiming his share to the extent of 5 kathas 1-3/4 dhurs. The land appertains to plot no. 3556 Khata No. 1518 of village Waini Ratanpur. As this case has to be disposed of under section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 hereinafter referred to as "the Act") there is no need of stating the facts of the case. Suffice it to say that this is a suit to adjudicate the right and interest of the parties in the agricultural land.

2. The appellant has filed an affidavit stating that there is a notification under section 3 of the Act. It has been published in the official Gazette on 28.3.1977 by which scheme for consolidation of holding is continuing in the village where the suit land is situated. In that view of the matter he has claimed that this appeal, the title appeal and the original title suit must abate under the provisions of section 4(c) of the Act. There in no counter affidavit filed on behalf of the respondents stating to the contrary and/or any denotification of the said notice in the mean while. The