K. S. Verma, J.

1. THE facts giving rise to the above appeal may be enumerated as below :- Bhagwati Din Singh and others filed a suit against Ram Garib Singh for partition of certain tenancy plots. A preliminary decree for partition was passed and the same became final. An application for preparation of final decree was made and in proceedings arising from the final decree the matter came up before the Board of Revenue. The Board of Revenue by its order dated 25th November, 1970 abated the entire suit. It is admitted between the parties that as a consequence of the order passed by the Board of Revenue the preliminary decree and the application for final decree both abated and the controversy between the parties had to be decided by the consolidation courts. During the pendency of the revision application before the Board of Revenue which culminated in order dated 25th November 1970 a suit for mesne profits was filed in the court of the Civil and Sessions Judge Pratapgarh which was numbered as Regular Suit No. 4 of 1971. During the pendency of the suit the Board of Revenue by an order dated 25th November, 1970 abated the entire suit including the preliminary decree for parti