B. S. Sinha, J.

This application by the defendants in the suit is directed against the ORDER :dated the 7th October, 1977 passed in Title Appeal no. 15 of 1975 by Shri R. C. Jain, Subordinate Judge, Buxar, by this ORDER :the lower appellate court has held that the lower appellate court has held that the appeal has not abated under Section 4 (c) of the Bihari Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Consolidation Act)

2. The relevant facts are that the plaintiff opposite party filed a suit for redemption of two mortgage bonds and delivery of possession as well as means profits. The suit was dismissed on 3.5.1976 against which the plaintiffs appealed which has been numbered as Title Appeal 15 of 1975. In this appeal on 27.9.1977 the defendants filed an application stating that the appeal had abated under Section 4 (c) of the Consolidation Act, as the village in which the lands were situate has been subject to a notification under Section 3 (1) of the Consolidation Act. By the impugned ORDER :the learned Subordinate Judge has held that the appeal has not abated.

3. Mr. Angad Ojha in support of this application has urged