IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1315 of 2008 YOGENDRA SINGH Versus GEJENDRA PRASAD SINGH & ORS ----------- 2. 20.8.2008 I.A.No. 4910/2008 Heard counsel for the petitioner in the matter of limitation. For the reasons mentioned in the application seeking condonation of delay the same is allowed and the delay of 14 days in filing this civil revision application is hereby condoned. Counsel for the petitioner with reference to the amendment petition, as contained in Annexure 3 to this revision application, would contend that the amendment sought was either explanatory in nature or had incorporated the subsequent event with regard to sale of the suit land by one of the coparcener during the pendency of the suit. Unfortunately these aspects have not been gone into by the court below and therefore, this Court would set aside the impugned order and remit the matter back to the court below to consider the prayer of amendment petition afresh in accordance with 2 law. Let it be recorded that this Court has not held that the amendment must be allowed but at the same time as the order in question does not deal the issue properly this Court has remitted the matter for fresh consideration in accordance with law. This application is allowed with the aforementioned observations. ( Mihir Kumar Jha,J.) Surendra/