Suman Singh v. Radhe Shyam Prasad

Patna High Court CWJC No.1427 of 2016 (2) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1427 of 2016 ====================================================== Suman Singh .... .... Petitioner/s

Versus

Radhe Shyam Prasad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nikhilesh Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner.

2.

Perused the order dated 30.11.2015, which is under challenge in this application filed under Article 227 of the Constitution of India.

3.

Learned Principal Judge, Family Court, Gaya in Matrimonial Case No. 07 of 2013 has only allowed the application of the respondent herein to mark some photographs as exhibits and chance of rebuttal has been given to the petitioner. 4.

Since it is divorce case filed by the petitioner, in my opinion, the court below has rightly exercised the inherent jurisdiction under Section 151 of Code of Civil Procedure and has marked some photographs produced by the respondent in the case and since chance of rebuttal has been given to the petitioner, there is no question of prejudice to the petitioner arises. Since the court below has exercise inherent jurisdiction, it cannot be said that the

Patna High Court CWJC No.1427 of 2016 (2) dt.12-07-2016 order passed by the court below is without jurisdiction or the order occasioned failure of justice.

In view of the factual position, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this writ application is dismissed. (Mungeshwar Sahoo, J) brajesh/- U