1. This second appeal at the instance of plaintiff is directed against the judgment and decree dated 25.6.2013 passed in Civil Appeal No.25-A/2012 by the Second Additional District Judge, Sagar; whereby, the judgment and decree dated 6.11.2009 passed by Civil Judge, Class II, Deori, District Sagar, dismissing the Civil Suit No.29-A/2008, has been affirmed.

2. Suit by the appellant/plaintiff was for declaration that the defendant No.2 being not his son, he is not entitled for maintenance and succession in his property. The suit has been filed on the ground, that the marriage between the plaintiff and respondent No.1 was solemnized thirty years ago and a daughter was born out of said wedlock. However, due to strain relationship, the marriage with respondent defendant No.1 dissolved as per custom prevalent, on 24.5.1985. That respondent/defendant No.1 thereafter started living separately. That appellant after dissolution of marriage with respondent /defendant No.1 performed second marriage. That a son was born to respondent/defendants No.1 on 13.1.1995. That defendant/respondent No.1 filed an application under section 125 of the Code of Criminal Procedure 1973 for maintenance and