IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.958 of 2008 BALGOVIND SAH Versus SITARAM SAH & ORS ----------- 4. 30.9.2008 Heard counsel for the petitioner. On an analysis this Court would find that in the garb of amendment of plaint the partition suit was sought to be converted into a declaratory suit for validating the two deed of gift allegedly in favour of the wife of the plaintiff petitioner. Consequently, as nature of the suit could have obviously changed, the court below had rightly rejected such prayer for amendment in the plaint by the impugned order. Consequently this Court would not find any merit in this civil revision application which must be and is hereby dismissed. The dismissal of this civil revision application by affirming the impugned order will, however, not mean that the plaintiff petitioner will not be entitled to seek amendment in the plaint as with regard to explaining the schedule by incorporating the boundaries etc. The court 2 below, however, in the event such an amendment petition is filed by the petitioner will decide the matter in accordance with law. (Mihir Kumar Jha,J.) Surendra/