AIR 2013 SUPREME COURT 1010 ::2012 AIR SCW 5428 ::(2013) 118 RevDec 736 ::2012 (12) SCC 642 ::2012 (9) Scale 757 ::AIR 2012 SC (Civil) 2800 ::2013 (99) All LR 2 SOC ::2013 (1) Cal HN 112 ::2012 (4) ICC 409 ::(2013) 1 JCR 207 (SC) ::(2013) 122 AllIndCas 7 (SC) ::2013 (122) AllIndCas 7 SOC

Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): K. S. Radhakrishnan, Dipak Misra , JJ

Bihar Consolidation of Holdings and Prevention of Fragmentation Act (22 of 1956) , S.4(c), S.3— Suit in respect of land brought under consolidation scheme - Abatement - Effect - Not only suit, appeal, reference or revision stands abated - But even judgment or decree passed therein becomes nullity - No reliance could therefore be placed by Consolidation Authorities on findings recorded by Civil Court. AIR 1982 Pat 235, AIR 1982 Pat 37, Overruled.(2011) 3 Pat LJR 459, Reversed. Civil P.C. (5 of 1908) , O.20 R.18— Once a notification has been published under Section 3 of the Act, every suit and proceeding in respect of declaration of rights or interest in any land lying in areas or for declaration or adjudication of any other rights in regard to which proceeding can or ought to be taken under the Act pending @page-SC1011 before any Court or ought to be taken under the Act pending before any Court or authority whether of the first instance or of appeal, reference or revision, shall, on order being passed in that behalf by the Court or authority before whom such suit or proceeding is pending shall stand abated. This is with a view to ensure that the jurisdiction of the authorities under the Consolidation Act remains unhampered and the said authorities are not obstructed by the proceedings in civil Courts and their deci....