IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9543 of 2011 HARI BACHAN SINGH Versus SADHU CHARAN SINGH ----------- 02. 22.06.2011 Heard the learned counsel for the petitioner. This writ application has been filed against order dated 09.02.2011 passed by Court of Sub Judge III, Katihar in Title(Partition) Suit No.108 of 2007 whereby the application filed by the petitioner for adding some of the properties as suit property which have not been included by the plaintiff in the plaint has been rejected. During the course of the argument, the learned counsel, Mr. J.S.Arora appearing on behalf of the petitioner submitted that while deciding the application filed by the petitioner, the learned Court below has given a conclusive finding regarding the plaintiff’s contention of earlier partition between the parties. From perusal of the impugned order, it appears that the learned Court below has disbelieved the case of the petitioner pleaded in the written statement while rejecting the application filed by the petitioner. So far submission of the learned counsel in this regard is concerned, it is observed that the said finding will not influence the Court at the time of 2 deciding any issue on this point during hearing nor it will prejudice any party. So far the contention of the learned counsel for the petitioner that some property has been left out by the plaintiff is concerned, he may raise this question if so advised by filing counter-claim or by filing separate suit. With this observation, this writ application is dismissed. Saurabh ( Mungeshwar Sahoo, J.)