IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1952 of 2008 KIRAN KUMARI @ KARI Versus SMT. SHUSHILA DEVI & ORS ----------- 2 27/11/2008 Heard counsel for the petitioner. In the opinion of this Court prayer of the plaintiff in a partition suit for adding some one as party on the ground that he had alienated such property during pendency of the partition suit has rightly been rejected. The Court below has, in fact, taken care of this aspect and it has recorded that if the plaintiff succeeds in the suit, share of the plaintiff can be adjusted in the share of the defendants in the property in question which has been sold. Such approach of the court below would definitely go to show that it had applied its mind to the facts of the case. That being so, no jurisdictional error can be said to have been committed by the court below in refusing the amendment in the plaint as had been sought by the plaintiff, which in fact was for addition of the purchaser as one of the 2 party to the suit. Accordingly, this application being wholly misconceived is hereby dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar