IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1818 of 2004 JITENDRA KUMAR @ BITAN SINGH & ORS. Versus SUNIL KUMAR & ORS ----------- 23 20.10.2008 Heard Counsel for the parties. For the reasons mentioned in I.A. no. 6134/2004, which have also been not controverted by the opposite parties, the delay of 5 months 13 days in filing of this Civil Revision Application is condoned. Coming to the merits in the opinion of this Court, the impugned order does not suffer from any jurisdictional error. If the petitioners had filed a separate case for setting aside a compromise decree under a wrong provision of law by labeling it as a miscellaneous case under Section 151 C.P.C. the same had to be rejected as not maintainable in view of the specific provision of order XXIII Rule 3A Code of Civil Procedure (C.P.C.). As a matter of fact, such application had to be filed in that very suit i.e. Partition suit no. 44 of 1992 in terms of order XXIII Rule 3-A C.P.C. and that having been not done, the court below had correctly passed the impugned order rejecting such fresh miscellaneous case and that too under Section 151 C.P.C.. However, the impugned order or this order shall 2 not come in the way of the petitioners in the event they choose to file a fresh application strictly in terms of Order XXIII Rule 3-A, which shall be disposed of by the concerned court in accordance with law without being prejudiced by the impugned order and its affirmance in this order. With the aforementioned observations, this Civil Revision Application is dismissed. Rsh (Mihir Kumar Jha, J.)