N.P. Gupta, J.-This revision has been filed by Gopal Lal against the order of the learned Addl. Dist. Judge No. 1, Bikaner dt. 4-5-2004 passed in Execution Case No: 9 of 2004.

2. By this order two matters were decided; one taken by the learned trial Court, to be the objection of the petitioner-judgment-debtor Gopal Lal under Section 47 read with Section 151. C.P.C.. objecting about the excitability of the decree, or in the alternative praying for partition, along with an application under Section 5/14 of the Limitation Act, while the other one was taken to be the Civil Miscellaneous Case No. 17 of 2004, said to be the application filed by the four sons of the present petitioner, under 0. 21, Rules 20 and 97, C.P.C.

3. Since, this revision is confined to the order passed in relation to Execution Case No. 9 of 1984 (sic), I need not deal with the aspect regarding Civil Miscellaneous Case No. 17 of 2004.

4. The facts of the case are, that the parties to this revision are real brothers. A suit for partition was filed by the non-petitioner Babu Lal on 9-4-1980, and in that suit. on 31-10-81, a compromise was arrived at by the parties, and formally the suit was decreed in terms