IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4430 of 2011 MAHESH SINGH & ORS Versus LALITESHWAR PRASAD SINGH & ORS ----------- 02. 05.05.2011 After hearing learned counsel for the petitioners, I find that the finding recorded by the trial- court i.e. amendment in relief clause, will change the entire nature of the suit is misconceived, as the defendants have themselves admitted that the partition may be made between the parties. Therefore, the relief portion is set aside and the trial-court is directed to reconsider the application of the petitioner and dispose of after giving full opportunity to the parties and if relief clause is allowed to be amended, petitioners shall also pay the court-fee as required to be paid in partition suit. With the above observation the petition is disposed of. Mkr. ( Prakash Chandra Verma, J. )