ARIJIT PASAYAT, J.

( 1 ) RAGHUNATH (the plaintiff-appellant) and Balaram (defendant No. 1 - respondent No. 1) each claimed to be the adopted son of Kalandi Sahara and Nisa Bewa (defendant No. 2 - respondent No. 2) in a suit filed by Raghunath. The suit was one for a declaration that Raghunath is the adopted son, and not Balaram and that the deed relating to acknowledgment or adoption and gift, executed by Nisa in favour of Balaram is not valid and binding learned Munsif, Bhubaneswar non-suited the plaintiff holding that plaintiff was not the adopted son. She also concluded that Balaram was not the adopted son, and the document relating to acknowledgment of adoption and gift dated 13-2-1981 (Ext. B) is not valid and operative. Raghunath filed an appeal relating to the finding regarding adoption, while cross appeal was filed by the defendants relating to Balaram's claim of adoption and validity of deed dated 13-2-1981. Learned Additional District Judge, Bhubaneswar dismissed Raghunath's appeal, but allowed the cross-appeal in part holding that the deed (Ext. B) was valid and operative.

( 2 ) BEFORE dealing with the rival submissions, a brief reference to inter se relationship betwee