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IN THE HIGH COURT OF JHARKHAND, RANCHI
SANJAY KUMAR DWIVEDI
Hiralal Yadav Son Of Late Budhan Bhokta – Appellant
Versus
Birbal Bhokta, Son Of Late Parvati Bhokta – Respondent
JUDGMENT :
1. Heard the learned counsel for the petitioners as well as the learned counsels appearing on behalf of the Opposite party No.1.
2. So far the other Opposite parties are concerned, notice upon them have been dispensed with by the Coordinate Bench of this Court vide order dated09.12.2024 as they are said to be proforma Opposite parties.
3. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 08.02.2024 passed by learned Civil Judge, Senior Division No.VIII, Deoghar in Title (Declaratory) Suit No.47 of 2012 rejecting the petition dated 03.10.2023 filed for calling the original Adoption Deed No.351 dated 19.8.1948 Volume No.4/5, Page 194 to 197 from the Registry Office, Dumka.
4. Learned counsel for the petitioners submits that the petitioner is one of the plaintiff in the said declaratory suit and the petition was filed on 03.10.2023 to recall the adoption deed, however, the learned court has erroneously rejected the same. He submits that for deciding the suit as to whether the adoption is dependent on the said document is necessary and the learned court has wrongly passed the order. On this ground, he submits that said
The High Court affirmed that plaintiffs carry the burden to prove their case and reiterated the importance of timely and supported evidence in procedural matters.
The court recognized the necessity to resolve the validity of the adoption deed despite earlier failures to present competent evidence, underscoring the importance of proving authenticity in property....
Reinstatement of legal principles concerning intervention in property disputes, emphasizing the validity of prior rulings regarding adoption. Court protects parties' rights by ensuring proper judicia....
The court has discretion to allow late submission of documents if necessary for justice, despite prior availability of photocopies.
A suit for declaration of adoption cannot be withdrawn due to formal defects when the core grievance is not addressed, emphasizing the necessity for clarity in legal claims.
Point of law: Capacity of a male Hindu to take in adoption-Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption. Provided that, if he has a ....
The court upheld the validity of a registered adoption deed, emphasizing that the suit challenging it was barred by limitation as it was filed 33 years after the plaintiffs gained knowledge of the ad....
The quality of evidence is more important than the quantity, and witnesses must be given an opportunity to explain any doubts raised about their statements.
Adoption – In the event of there being a registered document pertaining to adoption, there would be presumption that adoption has been made in accordance with law.
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