he was forced to file a suit for declaration of his rights over the said land irrespective of the finality of the order of the Consolidation Officer. The cause of action in the said suit was a fresh cause of action arising after the closure of consolidation proceedings. In the said suit no contest was made by the State of U.P., neither any written statement was filed nor any evidence was adduced on its behalf. The court of first instance on the basis of the evidence both documentary and oral adduced by the plaintiff-appellant decreed the suit and held him to be the owner in possession of the suit land. 20. In view of the aforesaid facts and circumstances, the rights of the parties over the suit land stood crystalised with the 12passing of the order dated 12.11.1979 by the Consolidation Officer which became final and conclusive. The State of Bi- har never challenged the said order. It is not its case that the aforesaid order has been obtained by concealment of facts or by playing fraud