IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1107 of 2008 ANJANI KUMAR SINGH Versus JITENDRA KR.SINGH@ASHOK KR.&OR ----------- 2 8/8/2008 Heard counsel for the petitioner. In the opinion of this Court the court below in the facts and circumstances of the case when the land sought to be sold has not been specifically mentioned in the schedule of the plaint and in fact is sought to be some how incorporated in the application seeking sale of such land without there being amendment in the plaint has rightly refused to grant permission. The court below however in the event the petitioner files a fresh petition after making necessary amendment in the plaint, will consider the prayer of the petitioner afresh and will not be prejudiced in deciding such prayer of the petitioner for according permission to sale the land on account of the impugned order. It is however made clear that the court below will be wholly justified in refusing such prayer if it finds that the petitioner has already sold the area beyond his own share. With the aforementioned observation this application is dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar