IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5420 of 2011 AJEB LAL YADAV Versus ISHAN SCHOOL THROUGH THE DIRECTOR & ors ----------- 3. 09.05.2011 Heard learned Counsel for the petitioner. The petitioner questions the order dated 27.10.2010 of the Sub Judge II at Kishanganj in Title Suit No. 2 of 2004. The petitioner had field an application for intervention which was not granted. The same day the plaintiff sought leave to withdraw the suit which was not objected to by the original defendant. The Suit came to be dismissed. Learned Counsel for the petitioner sought to persuade the Court that the order was in two parts; one with regard to the intervention and the second with regard to withdrawal of the suit. The office has raised an objection with regard to maintainability of the writ application, the impugned order being final in nature. If the plaintiff withdrew the suit and the original defendant had no objection to the same, it is difficult to understand in what case the petitioner wanted to intervene. There was no case left for him to intervene thereafter. It is for the petitioner to pursue remedies appropriately in a fresh proceeding separately, if he is so advised. The writ application is held to be not maintainable. It is accordingly dismissed. Snkumar/- (Navin Sinha,J.)