JUDGMENT

The appellant in this appeal has called in question the judgment and decree passed by the learned Civil Judge (Senior Division), Khurda in Title Appeal No. 17 of 1994. By the said judgment and decree, the lower appellate Court has set aside the judgment and decree passed by the learned Civil Judge (Junior Division), Banpur in T.S. No. 03 of 1990 and thus the suit filed by the appellant as the plaintiff which was decreed by the trial Court declaring the plaintiff to be the adopted son of one Halu Mohapatra has been upset and the suit has accordingly ended with dismissal.

2.For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the Court below.

3.Plaintiff’s case is that he is the natural son of one Laxman Kumar Suar of village Badasireipur. Halu Mohapatra, the original defendant happens to be the brother-in-law ( sister’s husband) of Laxman. Halu had three daughters, who are all married and they have been substituted after the death of Halu. The original defendant contested the suit when two of them filed the appeal in which they have succeeded. It is stated that as Halu, the