IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8116 of 2010 1. SMT. SUNITA DEVI W/O SHIV NARAYAN PRASAD YADAV R/O VILL.- JARSAIN, P.O.- NAND LALI, P.S. AND DISTT.- SAHARSA Versus 1. THE STATE OF BIHAR, THROUGH THE COLLECTOR, SAHARSA 2. INDRADEO SINGH S/O CHANDRA KISHORE SINGH R/O VILL.- DHABOULI, P.S.- SOUR BAZAR, DISTT.- SAHARSA, AT PRESENT RESIDING AT MOHALLA- HANSA HEKPARA, WARD NO. 13, P.S. AND DISTT.- SAHARSA 3. BALESHWAR PRASAD SINGH S/O RAJPATI SINGH R/O VILL.- KHATHDUMAR, P.S.- SIMRI BAKHTIARPUR, DISTT.- SAHARSA, AT PRESENT RESIDING AT MOHALLA- HANSA HAKPARA, WARD NO. 13, P.S. AND DISTT.- SAHARSA 4. UMESH PRASAD SINGH S/O RAJPATI SINGH R/O VILL.- KHATHDUMAR, P.S.- SIMRI BAKHTIARPUR, DISTT.- SAHARSA, AT PRESENT RESIDING AT MOHALLA- HANSA HAKPARA, WARD NO. 13, P.S. AND DISTT.- SAHARSA ----------- 2/ 20/01/2011 Heard learned counsel for the petitioner and respondent Nos.2 to 4. It is submitted that an application for being added as party respondent in Title Appeal No.12/06 on behalf of the respondents was rejected on 9.7.2008 after hearing the parties. Soon thereafter on 11.7.2008 an application for impleading was filed again and which has been allowed by the order dated 19.2.2010. Learned counsel for the parties sought to persuade the Court one way or the other. The Court does not consider it necessary to go into the issue at this stage. The order dated 9.7.2008 was passed on contest while the impugned order dated 19.2.2010 has been passed ex parte. In view of the recitals contained in the very opening lines of the order with regard to the absence of - 2 - the petitioner’s counsel, the Court considers that as sufficient ground to set aside the order dated 19.2.2010 and remand the matter to the court below for passing a fresh reasoned and speaking order noticing the contentions of the respective parties preferably within a maximum period of one month from the date of receipt/presentation of a copy of this order. The writ application is allowed. KC ( Navin Sinha, J.)