( 1. ) THIS is an appeal against judgment and decree dated 18-12-1977, passed by Second Additional Judge to the Court of District Judge, gwalior, in Civil suit No. 14-A of 1977.

( 2. ) FACTS essential for decision of this appeal are as under :

(i) The plaintiff-appellant filed the present suit for declaration of his status being adopted son of Balkisandas, a lunatic, on the allegations that: (a) Balkisandas, the lunatic and his wife Radhabai had no issue. Balkisandas was himself brought to his family by Ramratan. Ramratan had been taken in adoption by Madanlal. As Balkisandas was lunatic and was not competent to give his consent, Radhabai, his wife, adopted the plaintiff on 13-3-1971. A deed of adoption (Ex. P-7) was executed and registered on 15-3- 971 by Radhabai, adoptive mother, and Rambabu, natural father of the plaintiff. (b) As Balkisandas was lunatic, the Court of Additional District judge, Gwalior on an application registered as Miscellaneous Judicial case No. 12 of 1952, jointly made by Radhabai and Ichrajbai under sections 67 and 75 of the Indian Lunacy Act, 1912, had appointed (1) Bhajan-lal (brother of Radhabai) (2) Banshidhar (brother of Ichrajbai-respondent)