IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1029 of 2008 RAMDEO PRASAD Versus SANJAY KUMAR VERMA & ORS ----------- 2 22/7/2008 Heard counsel for the petitioner. The grievance of the petitioner against the order dated 27.5.2008 seems to be absolutely justified, in as much as, the court below in a suit of partition has some how or other being absolutely misguided by some sort of prayer which was not at least in the plaint has gone to hold that there was a consequential relief of permanent injunction in a partition suit, which required payment of advolerum court fee. This Court on perusal of the plaint has found that there was no such prayer and the suit was out and out a partition suit. Considering the aforementioned aspect, this Court would direct the court below to reconsider the matter in accordance with law and pass an appropriate order and if necessary by also recalling the order dated 27.5.2008. At this stage, counsel for the petitioner submits that another application under order XII Rule 6 of the C.P.C. has already been filed for judgment on admission If that be so, the petitioner may approach the court below for expeditious disposal of such application. This application is accordingly disposed of with the aforesaid observation and direction. ( Mihir Kumar Jha, J. ) Abhay Kumar 2