JOSHI, J.— This regular first appeal is directed against the judgment and decree of the learned Civil Judge, Sirohi dated 9th September, 1966 decreeing the plaintiffs suit for declaration that adoption of the appellant Dhanraj by Amichand was invalid. The appeal raises two points of law namely, (1) whether the stepmother is competent to give a person in adoption and (2) whether the adult person having no natural parents, can be taken in adoption.

2. In order to appreciate the controversy raised in this appeal relevant facts which are not in dispute may be given. Both the parties are Porwal Jains and are the residents of Pindwara in the District of Sirohi formerly Sirohi State. Amichand, the plaintiff took Dhanraj, the defendant in adoption with the consent of his wife Smt. Surajbai on 18th November, 1959 and executed a registered deed evidencing the factum of adoption. At that time Dhanraj was twentyone years old. He had no natural parents but had a step-mother Smt. Bhuribai with whom be was residing at the relevant time. Dhanraj was given in adoption by Smt. Bhuribai, his step mother and Amichand took him in adoption. The recital of the fact of giving and taking ceremony, of course

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