IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1349 of 2008 MAHESHI BHUIYAN & ORS Versus THE STATE OF BIHAR & ORS ----------- 2. 26.8.2008 Heard counsel for the petitioners. In the opinion of this Court the petitioner alone cannot be blamed for non appearance in the court below which led to rejection of his intervention application dated 4.2.2004 without hearing him. It was infact very difficult for the petitioner to keep chasing an application filed before the court below on 4.2.2004 and be aware as to when the court will take the matter for his intervention into consideration and accordingly if in the suit of the year 2003, the petitioner had waited for a period of more than four years, it cannot be said that he was not interested in pressing his application for addition of party. That being so this Court would find it difficult to sustain the impugned order which is accordingly set aside. The interest of justice would require that the petitioner should once again move the court below and explain the circumstances by filing a fresh application for his being impleaded as a 2 party in the suit. It is expected the court below will pass an appropriate fresh order in accordance with law and would dispose of the intervention application on merit in keeping with the principles of Order-1 Rule 10(2) of the Code of Civil Procedure. With the aforesaid observations and directions this application is disposed of. ( Mihir Kumar Jha,J.) Surendra/