1. - This is a revision against the order of learned Additional District Judge No. 2, Jodhpur dated 4-6-1994 by which he in Civil Misc. Appeal No. 46/94 set aside the order passed by learned Additional Civil Judge (J.D.) No. 2, Jodhpur.

2. I have heard the learned counsel for both the parties and gone through the record.

3. A civil suit was filed by Jitendra Kumar and Smt. Indu Devi petitioners for declaration, possession and mesne profits in relation to a house situated in village Dhundhara. The averments in the plaint are that Smt. Gopi Bai in order to fulfil the last desire of her deceased husband adopted plaintiff petitioner Jitendra Kumar on 2-2-1987 in village Dhundhara in accordance with the customary Hindu Law. An adoption deed was also registered on 3-2-1987. The property which belonged to Mangilal on his death was succeeded by Smt. Gopi Bai who was residing at Ahmedabad but coming to Dhundhara and Pokran very often in order to look after it. Various properties are described in para No. 7 of the plaint and property about which the suit was filed is situated at village Dhundhara. Smt. Gopi Bai executed a Will on 2-2-1987 which was registered according to which proper