JUDGMENT :

G.K. Misra, J. - Plaintiff is the legally married wife of Defendant, 1. Her case is that as she had no issue, Defendant-1 developed apathy and indifference towards her. For sometime she left for her father's house and resided there for about it years till July, 1960. During her absence the natural parents of Defendant. 2 prevailed upon Defendant. 1 to execute a deed of adoption in favour of Defendant. 2. Though there was no giving and taking and the Plaintiff did not give her consent to the adoption, Defendant. 1 executed a deed of adoption on 5.2.1959. Later on Defendant-2 assaulted the Plaintiff and Defendant-1 and wanted to take forcible possession of their property. Plaintiff has accordingly filed the suit for a declaration that Defendant. 2 is not the adopted son of Defendant. 1 and herself. Defendant-1 is ex parte.

Defendant. 2 contested the suit alleging that he was duly adopted on 29.5-1950 by the Plaintiff and Defendant-1. In order to avoid dispute, a deed of adoption was executed and registered by Defendant-Ion 5.2.1959. The allegation of fraud and coercion is denied.

Without going into evidence, the learned Munsif decided the first issue to the effect "Can the Pl