IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1359 of 2006 RAJENDRA PRASAD GUPTA Versus SRIKANT SINGH ----------- 2. 8.8.2008 Heard counsel for the petitioner. In the opinion of this Court the court below has rightly rejected the prayer seeking amendment in the plaint which virtually would change now the nature of the suit, inasmuch, as it was the case of the petitioner himself that he had purchased the land and constructed a house thereon. The expression “agricultural land” which was used in relation to the land, has earlier been used as agricultural land, was only to show the earlier user of the land which as per paragraph 8 of the plaint itself got changed when the petitioner had constructed the house in question. That being so, the present amendment by treating the land to be agricultural land, by removing the word „was‟ and substituting as „is‟ is definitely a malafide amendment and would definitely cause great prejudice to the defendant. In such a situation, the court below has rightly refused the prayer of the 2 petitioner to amend the plaint. Accordingly, there is no merit in this application and the same is dismissed. ( Mihir Kumar Jha,J.) Surendra/