IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12689 of 2011 Brij Bihari Prasad & Ors Versus Munilal Sah & Ors ---------------------------------- 06. 21.09.2011. Heard the learned counsel for the petitioner. By this impugned order dated 19.04.2011 passed by Sub Judge VII, Sasaram in Title Suit No.530 of 2009 the respondent No.10 of this writ application has been added as defendant in the suit. From perusal of the impugned order, it appears that the learned Court below found that the said respondent No.10, Vishwamohan Prasad, is son of Munni Devi who was daughter of father of the plaintiff and defendant, i.e., she was sister of the plaintiff and defendant. The suit has been filed for partition of the property. The learned Court below found that in view of the fact he is necessary party. In view of the above findings of the Court below, it appears that the learned Court below has exercised a discretionary jurisdiction based on the facts. In my opinion, the impugned order cannot be interfered with in supervisory jurisdiction under Article 227 of the Constitution of India. Accordingly, this writ application is dismissed. However, it is open to the petitioner to contest the claim of the said newly added party in the suit. Sanjeev/- (Mungeshwar Sahoo,J.)