Radhey Shyam Sharma v. Triveni Devi

Patna High Court CWJC No.16387 of 2014 (2) dt.10-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16387 of 2014 ====================================================== Radhey Shyam Sharma .... .... Petitioner/s

Versus

Triveni Devi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Prasad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 10-02-2016 Heard the learned counsel, Mr. Arun Kumar Prasad for the petitioner.

By the impugned order, the Court below has rejected the petition filed by the petitioner to pass judgment according to Order VIII Rule 10 C.P.C. on the ground that the objection filed by the respondent is not verified nor it is signed by the party himself. It appears that the Court below held that for the interest of justice, on this ground, when the Advocate has signed the objection, the objection filed by the respondent cannot be rejected and no order can be passed under Order VIII Rule 10 C.P.C. Thus, I find no reason to interfere with the order passed by the Court below in exercise of supervisory jurisdiction under Article 227 of the Constitution.

Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T