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2023 Supreme(P&H) 1683

ANIL KSHETARPAL
Satyavrat – Appellant
Versus
Virender Singh – Respondent


Advocates appeared:
For the Parties : Mr. Sudhanshu Makkar, Mr. R.K. Girdhwal

Judgment

Mr. Anil Kshetarpal, J.

Respondent No.1 Virender Singh filed a suit on 07.04.2012, for the grant of decree of declaration with a consequential relief of permanent injunction.

2. In para 3 of the plaint, respondent No.1 (plaintiff before the trial Court) asserts that Rishal Singh was unmarried and issueless, therefore, he adopted the plaintiff (Virender Singh) on 03.03.1988, as per their local customs. In para 4 of the plaint, it was pleaded that after the adoption ceremony was performed on 03.03.1988, the plaintiff started treating Rishal Singh as his father. Thereafter, on 22.07.1996, the adoption deed was executed before the Sub Registrar. The prayer clause of the plaint reads as under:-

“It is, therefore, respectfully prayed that a decree of declaration may kindly be passed in favour of the plaintiff, by declaring:- (1) Declaring the Adoption deed registered on 22.7.1996 to be valid, legal and binding upon the defendants (ii) Declaring the Plaintiff as adopted son of Rishal Singh s/o Kishana by virtue of Adoption deed registered at serial no.11 dated 22.07.1996 before Sub-registrar Badhada, and declaring the Adoption-Deed to be valid, legal and binding upon the defendants;

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