Jai Prakash Prasad and Others vs Rameshwar Prasad and Others

Special leave granted. Heard both the sides. We are of the opinion that the High Court should have permitted the Appellant to urge the plea in the context of Section 4 (c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. The High Court was not Justified in refusing the Appellant to urge the plea on the ground that it was urged at a late stage. We, therefore, direct the Might Court to permit the Appellant to raise this plea and dispose of the matter on merits. The objections that may be raised by the other side including the plea based on estoppel sought to be raised by the Respondents may be taken into account. We cannot and do not express any opinion as regards merits or demerits of such a plea. The High Court will afford a reasonable hearing to both the sides and dispose of the matter by a reasoned order. The appeal is allowed. The matter is remitted back to the High for being dealt with in accordance with law in the light of the observations made therein. There will be no order as to costs.