Choudhary Sia Saran Sinha, J.

The substantial question of law formulated for disposal of this Second Appeal runs as follows :-

“Whether the suit and the appeal would abate or the suit abated under section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.”

2. The defendants have preferred this Second Appeal against a JUDGMENT : of affirmance. This Second Appeal was filed on 9th March, 1977. The appeal before the lower appellate court was disposed of on 24th November, 1976. The JUDGMENT : of the trial court is dated 17th January, 1965. It is undisputed that during the pendency of the title appeal before the lower appellate court, on 6th September, 1975, a notification was published declaring the intention of the State Government to make scheme for consolidation of holdings in different parts of the State including Musahari block in which the lands in dispute, the subject matter of this litigation, are situate. It is also not in dispute that the nature of lands involved in this litigation are such as, prima facie, attract the provisions of section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Ac