AIR 2005 PATNA 121 ::(2005) 2 BLJ 664 ::(2005) 2 Pat LJR 476

Patna High Court

Hon'ble Judge(s): Mridula Mishra , J

(A) Bihar Consolidation of Holdings and Prevention of Fragmentation Act (22 of 1956) , S.35— Revision - Filed by respondent against order of Consolidation Officer - Appeal against judgment and decree regarding title of land was pending before Court - No stay was granted in favour of appellant, Petitioner - No direction was issued that during pendency of appeal, judgment and decree passed by trial Court will remain suspended or inoperational - In facts and circumstances exercise of jurisdiction in revision by Director, Consolidation - Not illegal. (Para 11 13) (B) Bihar Consolidation of Holdings and Prevention of Fragmentation Act (22 of 1956) , S.35— Revision - Filing of - No limitation prescribed - Revisional jurisdiction under S. 35 is original jurisdiction - Thus revision application can be filed directly before Director, Consolidation, under S. 35 - Revision filed belatedly - Not liable to be rejected - Moreso when everything was stated regarding condonation of delay in revision applications. (Para 11 15) (C) Civil P.C. (5 of 1908) , S.11— Res judicata - Writ application against one revision application - No writ application filed agai....