Patna High Court - Orders
Dharm Nath Ojha & Anr. vs Uma Shankar Ojha & Ors. on 14 February, 2012
Author: V. Nath
Bench: Vijayendra Nath
Patna High Court C.R. No.1564 of 2009 (2) dt.14-02-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Revision No.1564 of 2009
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Dharm Nath Ojha & Anr.
.... .... Petitioner/s
Versus
Uma Shankar Ojha & Ors.
.... .... Respondent/s
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CORAM: HONOURABLE MR. JUSTICE VIJAYENDRA NATH
ORAL ORDER
2 14-02-2012Heard the learned counsel for the petitioners.
By the impugned order the Court below has rejected the prayer of the petitioners for revival of his suit which had been abated under Section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the 'Act').
From the perusal of the impugned order, it appears that a prayer of the revival of the suit had been made on the ground that the notification made under the provision of Section 3 of the said Act had been stayed by the State Government entitling the plaintiff-petitioner to seek revival of his suit. It does not appear from the impugned order that any statement had been made on behalf of the plaintiff-petitioner that denotification under Section 26(A) of the said Act has been made.
It is clear that the prayer for revival can be made only after the denotification under Section 26 (A) of the Act, in view of the Patna High Court C.R. No.1564 of 2009 (2) dt.14-02-2012 observations made in Para 14 of the full Bench decision reported in A.I.R. 1979 Patna 161 (Ramkrit Singh & others versus The State of Bihar and others).
In view of the aforesaid facts, the present revision application is dismissed with liberty to the petitioner to move afresh for revival of the suit in accordance with law after the denotification under Section 26 (A) of the aforesaid Act.
If, such petition is filed at appropriate stage, the Court below shall dispose of the said petition in view of the law laid down in the aforesaid full Bench decision of this Court, in accordance with law.
(V. Nath, J.) Saif/-