Arbind Singh v. Jagdeo Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.201 of 2017 ====================================================== Arbind Singh .... .... Appellant/s

Versus

Jagdeo Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shashi Bhushan Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner.

Perused the impugned order dated 21.10.2016 passed by Judicial Magistrate, Daudnagar (Aurangabad) in Title Suit No.156 of 1997 whereby the learned court below has only marked some documents as exhibit.

The only grievance of the petitioner is that the court below has marked the documents as exhibit, which are not public documents.

From perusal of the impugned order itself, it appears that the certified copies were produced which have been marked as exhibit. It is settled principles of law that the relevancy or otherwise of the document, the genuineness or otherwise of the document can be gone into at the stage of hearing only. Only because the document has been marked as exhibit, it cannot be said that the document is genuine or it is relevant for decision of

Patna High Court C.Misc. No.201 of 2017 (2) dt.04-02-2017 the case. Moreover, merely because the documents have been marked as exhibit, it cannot be said that the petitioner is prejudiced in any way nor it occasioned failure of justice. Thus, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Accordingly, this civil miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Harish/- U