IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10471 of 2010 RAMBAHADUR SINGH & ANR Versus JANAKI SINGH & ORS ----------- 2 4.5.2011 Admittedly the preliminary decree is not challenged by any party in the suit the application moved by the respondents for inclusion of the gifted property could have decided in the light of the made preliminary decree. Therefore, the trial court fell into error in passing the impugned order. Accordingly, the order dated 30.3.2010 is set aside. The trial court is directed to dispose of the application of the respondents dealing with the objection of the petitioners afresh after giving full opportunity of hearing to both the parties. The writ petition is disposed of. AnilKrSinha ( Prakash Chandra Verma, J.)