IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.656 of 2006 SK.GHAFFAR @ ABDUL GHAFFAR & ANR Versus MD. IZHAR & ORS ----------- 3 21.10.2008 Heard Counsel for the petitioner. In the opinion of this Court, the impugned order does not suffer from any jurisdictional error. The relief of partition is dependent on the other part of the relief sought by the plaintiff-opposite parties i.e. seeking a declaration with regard to the deed of gift. That being so, the Court below has rightly come to a conclusion that suit would not abate in terms of Section 4(C) of the Consolidation Act. This being the position, this Court would not find any reason to interfere with the impugned order and accordingly, this civil revision application is dismissed with the aforementioned observations. Rsh (Mihir Kumar Jha, J.)