Judgement

JUDGMENT :- This appeal is by the plaintiff from the reversing decision of the lower appellate court. To understand the plaintiff s case it is necessary to set out a short genealogy. In the year 1956 there was a partition of the joint family properties and in evidence thereof a deed of partition dated 11-1-56 was registered. Defendant 1 also adopted the plaintiff on 10-1-56 and Executed and registered a deed of partition on 11-1-56. In the year 1962, defendant No. 1 filed a suit, T. S. No. 2/62, for declaration that the plaintiff was not her adopted son. The plaintiff a minor then, contested the suit represented by his natural father, defendant No. 2. That suit was decreed on 13-4-63 and defendant No. 2 filed an appeal therefrom beyond the period of limitation of 30 days provided therefor. The plaintiff represented by his natural mother has filed the present suit (T. S. No. 46/56 of 1964/1966) for a declaration that he is the adopted son of defendant No. 1 and, as such, entitled to the suit properties alleging that his natural father was grossly negligent in conducting his defence in the previous suit. The trial court decreed the suit on 30-7-66. His finding was that the n