BIRAJI @ BRIJRAJI Vs. SURYA PRATAP

JUDGEMENT

(1.) These civil appeals are filed, by the plaintiffs in the Original Suit No. 107/2010, pending on the file of Civil Judge (J.D.) Saidpur, Gazipur, aggrieved by the order dated 12.07.2013, passed in Writ Petition (Civil) Nos. 37415/2013 and 37416 of 2013.

(2.) The writ petition in W.P.(C) No. 37415/2013, filed before High Court of Judicature at Allahabad, was directed against the order dated 22.02.2013, passed by the Trial Court on an Application No. 97-C in O.S. No. 107/2010 and the order of the Revisional Court dated 02.07.2013, passed in Revision No. 85/2013, passed by the District Judge, Gazipur. W.P. (C) No. 37416/2013 was filed against the order dated 10.05.2013, in the same suit, passed on Application No. 109-C, as confirmed by the Revisional Court in Civil Revision No.82/2013 vide order dated 02.07.2013.

(3.) The appellants herein are plaintiffs in the suit in O.S. No. 107/2010, filed on the file of Civil Judge (J.D.) Saidpur. In the said suit, the appellants have questioned the adoption deed, executed by late Sudama Singh, who was father of the first plaintiff executed in favor of defendant no.1 registered before Sub-Registrar, Jakhaniya, District Gazipur. Further, consequential injunction orders are sought to restrain the defendant herein from interfering in the peaceful possession of the appellants-plaintiffs with the property as mentioned in the plaint. It is an undisputed fact that the evidence is closed and the matter was coming up for arguments in the above said suit and when the matter was listed for final arguments, at that stage, the appellants have filed an Application No. 97-C, to summon the record, regarding the leaves of Ramesh Chander Singh from Rajput Regiment Centre Fatehgarh. The said Ramesh Chander Singh is the father of first respondent, who is arrayed as second defendant in the suit. Third defendant is the mother of first defendant, who claims he is the adopted son of late Sudama Singh. It is the case of the plaintiff that there was no adoption by following the necessary formalities and the claim of adoption is false and incorrect. In the suit filed, they have questioned the registered adoption deed, registered before the Sub-Registrar. On the ground that the second respondent- Ramesh Chander Singh was not present during the adoption ceremony and he was on duty on the date of alleged adoption ceremony, the aforesaid application was filed in Application No.97-C for summoning the 2001 leave records of defendant No.2 Ramesh Chander Singh from Rajput Regiment Centre Fatehgarh. The said application was opposed by filing objections by the respondents. The Trial Court, mainly on the ground that there was no such pleading in the plaint and also on the ground that such application was filed at the belated stage, dismissed the said application by order dated 22.02.2013.