IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.409 of 2006 VISHWANATH MISHRA Versus SATYENDRA MISHRA @ SHAILENDRA MISHRA & ORS ----------- 11. 17.10.2008 Heard counsel for the petitioner and the counsel for O.P.Nos.2 and 3. In the opinion of this Court the impugned order allowing amendment in the plaint cannot be sustained for a simple reason that the suit was initially filed for declaring a Will and Power of Attorney to be bad but subsequently, the prayer which has been made by seeking amendment in the plaint would convert it into a partition suit. That apart the story of adverse possession, introduction of geneology etc. as prayed by way of amendment would really give colour of a regular title suit and would therefore not confine it to the relief for which it was originally filed. That being so, this Court would set aside the impugned order and remit the matter for reconsideration in accordance with law. (Mihir Kumar Jha,J.) Surendra/