IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1896 of 2008 BIR BAHADUR SINGH & ORS Versus JASHODA DEVI & ORS ----------- 2 18/11/2008 Heard counsel for the petitioners. In the opinion of this Court when the court below has come to a specific finding that the suit is out and out a partition suit and no relief has been sought against any sale deed and/or deed of gift, the view taken by the court below that the suit would stand abated in terms of section 4 ( C ) of the Consolidation Act, does not amount to any jurisdictional error so as to be interfered by this Court in exercise of power under section 115 of the Code of Civil Procedure. That being so, this application being wholly misconceived, is dismissed. (Mihir Kumar Jha, J.) Abhay Kumar