V.G. Oak, J. - (1.) THIS is a first appeal by Defendants from a decree passed by the Civil and Sessions Judge, Gyanpur. It appears that the property in dispute is situate in a village in district Varanasi and this village has been brought under consolidation operations. The learned Counsel for the parties are agreed that the appeal has abated Under Section 5 of the UP Consolidation of Holdings Act (hereafter referred to as the Act). But they are not agreed as to whether the suit itself has abated. According to Mr. K.N. Seth appearing for the Defendants -Appellants, the suit also has abated. According to Mr. A.P. Pande appearing for the Plaintiffs -Respondents, although the first appeal has abated, the suit has not abated.
(2.) MR . A.P. Pande relies upon Smt. Ram Kuar v. Jangi, 1964 RD 310. It was held in that case that an execution proceeding is a proceeding which does not originate in itself but follows a decree passed in a suit and consequently is different from a suit. There is nothing in the Act to show that the word "suit" in Section 5 of the Act has been used in a sense so as to include execution proceedings. Hence execution of decrees was not to be stayed Under Section 5. In the present case I am not concerned with the question of stay of execution proceedings. So, the decision in Ram Kuar's case is not of much assistance in deciding the question whether the suit abates or not.
(3.) THE point has to be decided on the language of Section 5 of the Act. Sub -section (2) of Section 5 states: Upon the said publication of the notification Under Sub -section (2) of Section 4 the following further consequences shall ensue in the area to which the notification relates, namely: (a) every proceedings for the correction of records and every suit and proceeding in respect of declaration of rights or interest in any land lying in the area, or for declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under this Act, pending before any court or authority whether of the first instance or of appeal, reference or revision, shall, on an order being passed in that behalf by the court or authority before whome such suit or proceeding is pending, stand abated...." It will be seen that Clause (a) of Sub -section (2) of Section 5 of the Act provides for abatement of suits. It is made clear in Clause (a) that abatement will take place whether a case is pending before a Court of first instance or of appeal or revision. For certain purposes, an appeal is treated as a continuation of a suit. It is, therefore, possible to say that a suit was pending before this Court.;