Dave, J. —This is a first appeal by the plaintiffs Noratan Mal and Smt. Roop Kanwar, widow of Beenjraj, against the judgment of the learned District Judge, Merta, dated the 23rd October, 1954, dismissing their suit.

2. The suit giving rise to this appeal was originally filed by appellant Noratanmal alone on the 26th September, 1950 and appellant No. 2 Smt. Roop Kanwar was impleaded as a proforma defendant, but on the 17th November, 1950 she was transposed and added as a plaintiff.

3. Their case was that appellant No. 1 was adopted by appellant No. 2 as a son to her deceased husband Beenjraj on the 29th January, 1944 and an adoption deed was executed by her in his favour on the 21st August, 1950. According to them, Beenjraj had left no son at the time of his death. He had brought the respondent Akheychand from Jodhpur to his place at Ladnu with the intention of taking him in adoption if he proved to be obedient and if his conduct was found to be satisfactory. Beenjraj was, however, not satisfied either with the respondents conduct or his faithfulness and so he was not adopted. Before his death in Smt. 1974, Beenjraj permitted appellant No. 2 to adopt some worthy and obedient boy as a

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