PANIGRAHI, J.

( 1 ) THIS is a pltf. 's second appeal against the judgment of Sri C. C. Coari, Dist. J. Cuttack, affirming the judgment of Sri G. C. De, Addl. Subordinate Judge, cuttack, in O. S. No. 25 of 1938,

( 2 ) PLTF. 1 is the son of one Bhagat Charan Mohanty who was impleaded as deft, a in the suit but was transposed as pltf. 2 on 9-6-40 when the trial was opened. The first pltf. who was a minor-raised the suit through his next friend, suriyamoni Dei, said to be his father's sister, for a declaration that deft. 1 gyanendranath Mohanty, is not the adopted son of Nrusingbo Charan Mahanty, the deceased uncle of pltf 2 of pltf. 2. He alleged that Nrusingho Oharan mohanty had married Pramila Sundari the sister of Gyanendraca h in 1921; that on account of this relationship pltf. S was looking upon Babu Lakshmimdhar mohanty, the natural father of deft. 1 as 'murabi' and that Lakshtnidhar Babu had a commanding influence over pltf. a. It was further alleged that pltf. 2, Bhagati chacan, was subject to a sort of sentimental weakness and weakness of mind in the presence of deft. 1's sister the widow of Nrusirgho Charan. It is said that taking advantage of his dominating position, Lakah