Judgement

Appeal (No. 72 of 1921) by special leave from a judgment and decree of the High Court (March 26, 1918) affirming a decree of the Additional Subordinate Judge of Bhagalpur.

The appellants sued to recover possession of an impartible estate known as Lachmipur Raj from the original defendant, the adopted son of the last holder Lalit Narain Deo who died in 1871 without issue. The present respondent was the executrix and widow of the defendant since deceased.

The facts of the case appear from the judgment of the Judicial Committee. The only question upon the appeal was whether in the family an adopted son was entitled to inherit, and as to the onus of proof of the custom of the family relative to that question.

The Subordinate Judge dismissed the suit. He found upon the eighth issue that there was no family or clan custom which barred inheritance by adoption.

The High Court upon appeal was of opinion that an application by the plaintiffs to amend their plaint was rightly rejected, but further evidence as to the origin of the estate was admitted on the ground that it was relevant to the issues framed.

The learned judges (Chapman and Atkinson JJ.) exhaustively considered the evid