1. - In this second appeal, the only point raised by the appellant is that the suit was mainly for declaration of adoption and the claim of possession etc., were ancillary and secondary to the main relief and, therefore the first appellate court committed serious error of law in holding that the suit was triable by the courts of Revenue.

2. The second submission which is more important than first one is that no objection was raised to the jurisdiction before the trial court and no issue was framed in this respect and, therefore, the first appellate court was not justified in taking up of this objection for the first time in appeal, after recording of the entire evidence, the case has been decided by the trial court.

3. I enquired from Shri Jain, appearing for the defendant respondents, whether any objection to the jurisdiction on the basis of the plea that the suit was triable by the Courts of Revenue.was taken before the trial court. On a thorough check up of the written statement and the issues framed, so also the judgment of the trial court, I find that no such objection was ever taken directly or, indirectly. Both the parties led evidence and obtained judgment from the t