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Judgment
B.K. Roy, J.—The petitioners pray to set aside an order dated 14-8-1992 passed by the learned Munsif IIIrd Court, Arrah in Title Suit No. 200 of 1989 allowing the prayer made on behalf of the Opposite Party to hold that the suit had abated. In terms of order dated 1-10-1992, I proceed to dispose of this civil revision application at the stage of its admission.
The relevant facts are in a narrow compass. The suit in question was filed for removal of a well alleged to have been constructed encroaching the land of the petitioners. The consolidation authorities certified that the land in question is Chak out, that is to say kept out of the purview of the consolidation operation.
Mr. Atul Chandra, Learned Counsel for the petitioners, submits that in view of the aforementioned facts, the court below has committed a jurisdictional error in allowing the prayer of the opposite party.
Learned Counsel for the opposite party, however, submits that the court below has not committed any jurisdictional error and this civil revision application is fit to be dismissed.
In my view, there is substance in the contention of Mr. Atul Chandra and I accept it. From the certificate of the Consolidation Officer, the land in question has been kept out of consolidation proceeding. This fact is not in dispute. In this view of the matter, the court below has committed a jurisdictional error in allowing the prayer of the opposite party. In the result the impugned order is set aside and this civil revision application is allowed but in the peculiar facts and circumstances of the case, I make no order as to cost.