Anil Kumar VS Ashok Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ARUN BHANSALI
Anil Kumar – Appellant
Versus
Ashok Kumar – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr.S.L.Jain, Advocate

JUDGMENT

Arun Bhansali, J.— This first appeal under Section 96 CPC is directed against judgment and decree dated 19.2.2005 passed by Additional District Judge, Nimbahera, whereby, the suit filed by the appellant-plaintiff seeking declaration as adopted son has been dismissed.

2. The facts in brief may be noticed thus: the appellant-plaintiff filed a suit on 16.11.2004, inter alia, with the averments that defendant - Ashok Kumar and plaintiff’s natural father Laxman Das are real brothers; defendant has no son and has only three daughters viz. Savitri, Pinki and Premlata; name of defendant’s wife is Meera Devi; as defendant has no male issue, he adopted his brothers son (plaintiff) on 14.1.1984 as per the accepted practices and rituals of Sindhi Community, ever since plaintiff is defendant’s adopted son and was living with him as such; at the time of adoption, plaintiff’s age was 16 years; the adoption took place in the presence of persons belonging to the Community/Panchayat and in presence of natural father and mother and adoptive mother; it was claimed that the plaintiff was living as adoptive son of defendant ever since and, a document in this regard, has also been executed; it was