( 1 ) THE appellants made an application under Order 1 Rule 8 sub-rule (3) of the Code of Civil Procedure (C. P. C.) for being added as party to the suit on the ground that they are parties interested. The Notice of motion indicated that they have wanted to be parties as defendants whereas in the application the prayer is only for being added as party to this suit. The affidavit in respect of the application does not disclose in what capacity the appellants intended to intervene. 1. 1. Admittedly, leave under Order 1 Rule 8 was granted and the notice was published on 30th April, 2004 and 4th May, 2004. The application was affirmed on 9th July, 2004 and was filed on 13th July, 2004 namely, after the expiry of the period mentioned in the notice under Order 1 Rule 8 so published. 1. 2. The learned Single Judge in its order dated 27th September, 2004 referred to the decisions in the case of Vassonji Tricumjiv. Esmailbhai shivji and Ors. , ILR 34 Bombay 420; T. G. Jog v. Muir Mills Limited, ILR (1953)2 cal 171; Batokristo Nandy v. Ranadeb Chowdhury, ILR (1972)2 Cal 480 and Balaram Palai and Ors. v. Collector, Puri and Ors. , AIR 1994 Orissa 21 which in turn relied on the decis