IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1636 of 2008 MOST.SONA DEVI & ANR Versus COLLECTOR SHARMA ----------- 2. 25.9.2008 Heard counsel for the petitioners. In the opinion of this Court the impugned order refusing the suit to be decided on a preliminary issue does not suffer from any jurisdictional error. The court below has noted that the subsequent suit filed by the plaintiff as with regard to a deed of gift of the year 2000 can be gone into in the light of the evidence and the issue of resjudicata being one of them being mixed question of fact would be adjudicated alongwith the other issues. This apart, the court has also found that one of the parties was definitely not in the earlier suit. The net effect is that the court finds that it is not in a position to decide the issue of resjudicata as a preliminary issue. If that be so, this Court would not interfere with such order, especially when no prejudice would be caused to the petitioner when the matter is decided in a compact manner. 2 This application is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/