IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1113 of 2008 MD.JAMILUR RAHMAN Versus SMT.KRISHNA DEVI ----------- 3 05.09.2008 No one appears for the petitioner. For the reasons mentioned in the I.A. No. 4330 of 2008, delay in filing of this Civil Revision application is condoned. Having examined the materials on record, this Court would find no error in the impugned order inasmuch as a suit for partition and a suit for declaration of title cannot be said to be same subject matter and therefore, if the Court below has not chosen to stay the subsequent suit, no jurisdictional error can be said to be committed by it. Accordingly, this Civil Revision application being devoid any merit is hereby dismissed. Bibhash (Mihir Kumar Jha, J.)