Judgement

MAHAJAN, C.J.I. : This is plaintiffs appeal, under a certificate, against the dismissal of their suit by the High Court of Judicature for Rajasthan (Jaipur Branch) and praying for a declaration of their rights of succession to the Gaddi of Indergarh.

2. The relevant facts concerning this litigation are these : Mahraja Sumer Singhji was the last jagirdar of Indergrah (District Kotah, Rajasthan). He died without male issue on 14-7-1949 at Delhi. On 2-8-1949 Maharaja Umrao Singh, one of the appellants in the present appeal, instituted a suit against the respondent Maharaja Bhagwati Singh and three others on the allegation that Maharaja Sumer Singhji of Indergarh having died without male issue, the plaintiff was the sole heir of the deceased, and the respondent Bhagwati Singh, minor, was falsely alleging himself to be an adopted son of the late Maharaja and was trying to succeed to his estate; that Maharaja Bhagwati Singh was never adopted by the deceasedc and conseqently the plaintiff was entitled to a declaration to the effect that he was the real successor to the Gaddi of Indergarh.

In defence it was pleaded that the adoption by the late Maharaja was made after obtaining pro