S. P. Srivastava, J.

1. THIS Is the plaintiffs second appeal directed against the judgment and decree passed by the first appellate court where under allowing the appeal and setting aside the decree passed by the trial court, the suit filed by the appellant had been dismissed.

2. I have heard the learned counsel for the plaintiff-appellant as well as the learned counsel representing the contesting respondent and have carefully perused the record.

The facts, shorn of details and necessary for the disposal of this case lie in a narrow compass. The plaintiff had filed a suit claiming a decree for declaration to the effect that the deed of adoption dated 21.1.76 in favour of the defendant No. 2 was invalid. The plaintiff had alleged, inter alia, that he had no male issue and his two daughters were already married and resided in the house of their father-in-law. He was not keeping good health and In December, 1974 during his illness he had called his son-in-law Ram Singh, the defendant No. 1 to accompany him to Rai Bareli for his treatment. Ram Singh accompanied the plaintiff and visited Rai Bareli where the plaintiff was got medically examined in the Sadar Hospital there. His