ORAL JUDGMENT

Date : 22-11-2024 The present writ petition has been filed seeking the following relief:-

“1. That the instant writ application being filed for quashing the order dated 23.10.2013, passed by the learned Court of Sub-Judge 2nd Naugachia, District Bhagalpur, whereby and whereunder he rejected the application filed by the petitioner under Order I Rule 10 and Section 151 of the Code of Civil Procedure for adding him as a party to the Title Suit No. 114 of 2010 in category of defendant permission to contest the suit. ”

2. The learned counsel for the parties have pointed out, at the outset, that earlier writ petitions were being filed against the interlocutory orders (such orders which have not finally decided the suits or proceedings in favour of the parties and the suits or such proceedings have not stood disposed off), in view of the law laid down by the learned Division Bench of this Court in a judgment dated 13.05.2010, passed in C.R. no. 1067 of 2009 (Durga Devi v. Vijay Kumar Poddar & Ors.), however, subsequently, the Hon’ble Apex Court, by a judgment rendered in the case of Radhey Shyam and Another v. Chhabi Nath and Others , reported in (2015) 5 SCC 423 , has held tha