ACHYUTANAND CHOUDHARY (D) THR. LRS. vs LUXMAN MAHTO .

The Supreme Court addressed the maintainability of a civil suit under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, specifically referencing Sections 37 and 15. The Court established that the preliminary issue regarding the conclusive proof of the final Khatiyan of the consolidation survey and the necessity of notice under Section 80 CPC must be determined before proceeding with the suit. The Court upheld the lower court's decision to reject the petition for determining the preliminary issue, thereby allowing the civil suit to continue.