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1959 Supreme(P&H) 48

I.D.DUA
Lachhmi Narain Balu – Appellant
Versus
Ghisa Bihari – Respondent


Judgment

1. This is a petition filed by Lachhmi Narain under O. XLVII, R. 1 of the Code of Civil Procedure praying for review of my judgment dated 11-8-1958 in Lachhmi Narain V/s. Ghisa etc., Regular Second Appeal No. 524 of 1954. The appeal had been filed by Lachhmi Narain defendant against the concurrent judgments and decrees of the two Courts below holding that he had failed to show his adoption to be valid. Mr. Daljit Singh who had appeared on behalf of the appellant-petitioner in Regular Second Appeal No. 524 of 1954 had contended that the entry in the riwaj-i-am as to the person who could be adopted is always construed to be indicatory and not mandatory. In support of his contention, the counsel had relied on Shitab Singh V/s. Hazari Singh, ILR 7 Lah 117: (AIR 1926 Lah 207) and Jowala V/s. Dewan Singh, AIR 1936 Lah 237. These two cases were distinguished in the judgment given by me. In AIR 1936 Lah 237 the power of a male to adopt a remoter collateral, although a nearer collateral is in existence, was considered and I was of the opinion that this decision could not help the appellants counsel in the instant case where the power of a widow to adopt is concerned. In ILR 7 Lah 11






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