IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.325 of 2006 TRIPURARI SHANKAR SINHA Versus BIRENDRA PRASAD SRIVASTAVA ----------- 3 8.7.2008 Heard Counsel for the parties. This application has been filed by the plaintiff/petitioner assailing an order of the Court below dated 8.12.2005 whereby and whereunder an intervention of one Om Prakash Shrivastava has been allowed under Order 1 Rule 10(2) of the Code of Civil Procedure. Counsel for the petitioner submits that as a matter of fact, the impugned order has been passed with material irregularity inasmuch as the plea of adoption of Om Prakash Shrivastava by one of the coparceners in a partition suit for his being impleaded as a party in a partition suit ought to have not been entertained inasmuch as the factum of the adoption was yet to be proved by the intervener before an appropriate Court. In the opinion of this Court, such submission of the counsel for the petitioner is fit to be rejected in view of Section 16 of the Hindu Adoption and Maintenance Act, 1956, which reads as follows :- “16. Presumption as to registered documents relating to adoption. – Whenever 2 any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.” It is not denied that the deed of adoption of Om Prakash Shrivastava is a registered document and that has been executed in his favour by a person who has a defined interest in the partition suit. If therefore the Court below has allowed intervention of Om Prakash Shrivastava and has impleaded him as a defendant in the suit to safeguard his interest, no jurisdictional error can be said to have been committed by the Court below. Accordingly, there is no merit in this civil revision application and the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)