R. N. MISRA, C. J.

( 1 ) THIS application by defendant No. 1 in a suit for permanent injunction calls in question the order dated 12-2-79 passed by the Munsif, Banki, by which he has rejected an application of the defendant that the suit has abated In view of Section 4 (4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972.

( 2 ) THE plaintiff claimed a decree for permanent injunction against the defendants by claiming title in himself Defendant No. 1 alone entered contest by filing a written statement on 13th April, 1973 wherein challenge to the title claimed by the appellant was raised, An application was made by defendant No. 1 that the suit has abated in view of the fact that the lands come within the village covered by the consolidation notification. The learned Munsif did not accept the assertion of defendant and held that the suit does not abate,

( 3 ) SECTION 4 (4) of the Act provides:--

"every suit and proceedings for declaration of any right or interest in any land situate within the consolidation area in regard to which proceedings could be or ought to be started under this Act which is pending before any Civil Court, whether of t