JUDGMENT :

S.C. Mohapatra, J. - Plaintiffs are petitioners in this Civil Revision.

2. In a suit for partition, trial Court having passed an order of abatement of the suit u/s 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as "the Act'). It was assailed in Civil Revision. Order was set aside and it was observed as follows :

"What the learned Munsif is required now to do is to examine the pleadings of the parties and in order to appreciate the substance thereof and find out whether complete relief in the facts of the case would be available to the plaintiffs before the consolidation authorities. If the learned Munsif comes to the conclusion that a specific prayer for setting aside the document In question is necessary to be made, he may call upon the plaintiffs to suitably amend the plaint and pay additional court-fee payable, and then decide as to whether the suit would be confined to such relief alone leaving the paryer for partition to be adjudicated by the Consolidation authorities or the suit is maintainable as a whole, before the Civil Court."

71 (1891) CLT 386 (Santipriya Jena and Anr. v. Rebati Naik and Ors.