Order 17.18.2-82 An affidavit has beel1 filed stating that a proceeding under section 3 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act 1956 with respect to village Keos Nizamat, within Jitwarpur Anchal, P.S. and District Samastipur, has been started. The details of the Notification have already been mentioned in the Supplementary affidavit filed on behalf of the appellant today. Although a Counter Affidavit has been filed on behalf of the respondents, but the fact that a notification, as stated above has been issued under section 3 of the Act, the judgments and decrees passed by the Courts below are set aside and the suit in the court below and this second appeal abate. Let this fact be noted. 18.24.2.82 The appeal abated on account of provisions as contained in section 4 of the Consolidation of Holdings and Prevention of Fragmentation Act 1956. The appeal cannot be dismissed on account of such abatement. Rather the appeal will revive after the proceedings under the consolidation Act. In that view of the matter no order for dismissal of the appeal can be passed. Earlier also in some other case I have explained that the appeal which abates on account of section 4C of the Consolidation Act cannot be dismissed, but perhaps the office has not taken note of that. It may be useful if this order is shown to all the Assistants of the Section.