IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.873 of 2008 AWADHESH SINGH & ORS Versus GANESH KUMAR SINGH & ORS ----------- 3 14.07.2008 Heard counsel for the petitioner. The petitioner seems to be aggrieved by that part of the order dated 5.3.2008 whereby and whereunder the petitioner’s application under Order XXIII Rule 3 (A) has been rejected by the Court below. Counsel for the petitioner submits that as a matter of fact the property in question which is a subject matter of the partition suit was also earlier partitioned and, therefore, when a compromise decree between the parties already exists the present suit is not maintainable. From the finding recorded by the Court below in the impugned order it is absolutely clear that there is no prayer in suit pending before the Court below for setting aside the compromise decree. In that view of the matter, the application under Order XXXIII, Rule 3(A) was itself wholly misconceived. - 2 - There being no jurisdictional error in the impugned order, this Civil Revision application is devoid of merit and is hereby dismissed. BCJ ( Mihir Kumar Jha, J.)