IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1679 of 2008 DIPA DEVI Versus THE STATE OF BIHAR ----------- 2. 1.10.2008 Heard Mr. Uday Chand Prasad, counsel for the petitioner. In view of the fact that in the plaint a relief “ that the court be pleased to hold and declare the title of the plaintiff over the suit land holding therein that the suit land has wrongly been recorded in the name of the State of Bihar” has been sought to be amended after dismissal of the suit by the court below at the appellate stage by deleting the provisions “ holding therein that the suit land has been recorded in the name of the State of Bihar” would not be maintainable because the parties to the suit, namely, the State of Bihar have contested the matter on the basis of pleadings made in the plaint including the relief mentioned therein. After such suit has been dismissed, the petitioner, the plaintiff, at the appellate stage cannot be allowed to change his case which would cause prejudice to the other side. That being so, this Court would not 2 find any merit in this application, which is accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/