BHANDARI, C. J.

( 1 ) THIS is a special appeal under Section 18 of the High Court Ordinance. The suit out of which this appeal arises was filed by Gaindilal against Mst. Rajbai, rajababu, Mannalal and three other persons in the court of Civil Judge Jaipur. The case set up by the plaintiff is that one Motilal husband of Mst. Rajbai died in the Samwat year 1971 and that according to the pedigree-table submitted in the plaint, the plaintiff was the next reversioner. Gaindilal plaintiff further alleged that in his lifetime Motilal had made an oral will in his favour bequeathing all his property in favour of the plaintiff and that after the death of Motilal Mst. Rajbai continued to live with the plaintiff. On 20th December, 1941 she executed an adoption deed purporting to adopt Mannalal. On this the plaintiff filed a suit which was dismissed in the trial Court and in the Court of first appeal but was decreed by the High Court of the former Jaipur State on 5th April, 1944. In spite of this, Mst. Rajbai executed another adoption deed on 22nd November, 1945 purporting to adopt Rajababu minor son of Mannalal. The plaintiff stated that in fact Rajbai never adopted Rajababu. Mst. Raj