S. ACHARYA, J.

( 1 ) DEFENDANTS 1, 2 and 3 are the appellants in this appeal against the confirming decision of the court below.

( 2 ) THIS second appeal was summarily dismissed on 23-8-77 in the admission stage by Hon'ble P. K. Mohanti, J. Thereafter a review petition was filed by the appellants which was registered as Civil Review No. 30/77. In this review matter it was contended by the appellants that subsequent to the dismissal of the second appeal they learnt that a notification under Section 3 (1) of the orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the 'act') had been published in the Orissa gazette on 28-5-76 covering the area containing the suit property and so by virtue of the provisions of Section 4 (4) of the Act the plaintiffs' (respondents in this appeal) suit abated. On hearing both the parties Hon'ble P. K. Mohanti, J. allowed the review petition and recalled the order dated 23-8-77 and admitted the second appeal for hearing on the question as to whether the suit shall abate under Section 4 on the publication of the notification under Section 3 of the Act. In accordance with the above order the secon