JUDGMENT :

ANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Rajiva Sharma, learned senior counsel assisted by Mr. Ritesh Kumar, learned counsel for the appellants and Mr. Gaurav Abhishek, learned counsel for the respondents.

2. This second appeal has been filed being aggrieved and dissatisfied with judgment dated 28.05.2002 passed in Title Appeal No. 04 of 1999 by the learned District Judge, Dumka allowing the appeal and setting aside the judgment dated 31.03.1999 passed in Title Suit No. 28/1995 by the learned Subordinate Judge-I, Dumka.

3. The appellants/plaintiffs have instituted suit for declaration that the defendant no. 1 is not the adopted son of Ramni Tatwain and that the registered deed of adoption No. 194/1989 is void abinitio, in operative and fit to be cancelled. Apart from that relief for cost has been sought. The said suit was numbered as Title Suit No. 28 of 1995 which was decided by judgment dated 31.03.1999 and decree signed on 13.04.1999 whereby the suit was decreed in favour of the appellants/plaintiffs. Aggrieved with that the respondents/defendants preferred Title Appeal No. 04 of 1999 which was decided on 28.05.2002 whereby the learned appellate court allowed the title appeal