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2022 Supreme(Raj) 665

Ganesh Ram S/o Lota Ram – Appellant
Versus
Lota Ram S/o Sona Ram – Respondent


Advocates appeared:
For the Petitioner: Mr. C.S. Kotwani
For the Respondent: Mr. N.R. Choudhary

ORDER :

1. The instant revision petition has been filed challenging the order dated 27.7.2021 passed by learned Additional District Judge No.1, Nagaur in Civil Original Case No. 30/2021 titled as ‘Lota Ram & Ors. vs. Ganesh Ram’, whereby application under Order 7 Rule 10 & 11 read with Section 151 CPC filed by the defendant – petitioner herein was dismissed.

2. Brief facts of the case are as under :-

3. Plaintiff – respondents herein Lota Ram and others filed a suit before learned Additional District Judge, Nagaur for cancellation of adoption deed with permanent injunction against Ganesh Ram defendant – petitioner stating therein that defendant Ganesh Ram was never adopted by Late Hema Ram. As per pedigree enumerated in the plaint, Hema Ram, Lota Ram, Kali and Lali are sons and two daughters of Sona Ram. Hema Ram was unmarried and lived with his brother Lota Ram. Ganesh Ram who was alleged to be adopted by Hema Ram was not living with Hema Ram, whereas, before the death of Hema Ram, he started living at Surat. Ganesh Ram was very clever and greedy person, whereas, the plaintiffs Lota Ram and others were illiterate and agriculturists. Hema Ram was head of the family and hence, after th

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