IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.499 of 2007 MOHD.HALIM & ORS Versus STATE OF BIHAR & ORS ----------- 3. 4.9.2008 Heard counsel for the petitioner. In the opinion of this Court an application allowing impleadment of Secretary of Idgah Committee cannot be said to be vitiated on account of jurisdictional error in a nature of the suit wherein the petitioner has claimed his individual right by way of declaration of his title in respect of an entry made in Khatiyan declaring as it Sarv Sadharan Kabristan. Considering this aspect when an earlier application for impleadment of Anzum Pravez was rejected by the court below the matter had traveled to this Court, whereafter this Court on 26.7.2006 noticing that the said Anzum Pravez had not produced the relevant document to show his bonafide has passed the following order : “After some arguments learned counsel for the petitioner seeks permission to withdraw this application with a liberty to file a fresh application for 2 substituting him in place of defendant no.6. In the said application he will file proper documents in support of death of defendant no.6 and the petitioner being authorized to function as Secretary by the Management Committee which he seeks to represent. Liberty is given and the application is dismissed as withdrawn.” It is only thereafter that the court below having looked into the nature of interest in the suit property as also the interest of the community at large and bonafide of Anzum Prawez has allowed his impleadment by the impugned order. In the opinion of this Court such an exercise by the court below cannot be said to be vitiated on account of any jurisdictional error and accordingly, this civil revision application being misconceived is hereby dismissed. ( Mihir Kumar Jha,J.) 3 Surendra/