ORAL JUDGMENT

Date : 11-12-2024 The present writ petition has been filed seeking the following relief :-

“1. (a) For issuance of an appropriate writ/order/ direction for setting aside the order dated 28.10.2013, passed by the learned Munsif-II, Saharsa in T.S. No. 11 of 2002 whereby and whereunder the learned Munsif has rejected the intervention petition of the petitioner.

(b) For issuance of an appropriate writ/order/ direction for declaring that the petitioner is a necessary party to the T.S. No. 11 of 2002.”

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 that judicial orders o