IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2031 of 2008 BASANT SHARMA & ORS Versus ARVIND SHARMA & ORS ----------- 2 3.12.2008 Heard Counsel for the petitioners. In the opinion of this Court, much cannot be turned on the technicality as to whether an order which was passed in the year 2004 directing the petitioner to lead evidence was at a stage when the issues were not framed. Admittedly, now the issues have been framed. There is also no dispute that the defendants-petitioners in a partition suit have raised the issue of previous partition and accordingly, if they have been called upon to lead evidence at the commencement of hearing of the suit, that order cannot be said to be vitiated by any jurisdictional error. It is well settled that in a partition suit, if the defendants raise a plea of previous partition, it is they who have to begin by leading evidence. That being so, this Court would not find any merit in this application and accordingly, the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)