D. Dash, J.— In the present appeal, the unsuccessful plaintiff as appellant has challenged the judgment and decree dated 5.8.2000 and 11.8.2000 respectively passed by the learned Civil Judge (Sr. Division), Bargarh in Title Suit No. 43 of 1995 non-suiting the appellant (plaintiff) and refusing to grant relief as prayed for against the respondent (defendant).

2. For the sake of convenience, the parties hereinafter have been referred to as they have been arraigned in the Court below.

3. The suit of the plaintiff is one for declaration that the defendant is not the adopted son of Hiradhar Pradhan, her father with the relief of confirmation of possession in respect of the suit schedule property and alternative prayer for recovery of possession.

4. According to the case of the plaintiff, one Budhu Pradhan was the common ancestor and he died leaving behind his four sons, namely, Damodar, Gadadhar, Dwarika and Hiradhar. The plaintiff is claimed to be the sole legal representative of Hiradhar on the death of her mother Hema in the year 1991. As per the case of the plaintiff, defendant is the son of late Dwarika. So, plaintiff claims to be the only daughter and successor-in-interes