SHAHID S. SARKAR Vs. MANGALA SHIVDAS DANDEKAR

JUDGEMENT

(1.) This Notice of Motion has been filed on behalf Defendant Nos. 3, 6 and 7 seeking a prayer for rejection of the plaint under the provisions of Order 7, Rule 11(d) of the Civil Procedure Code, 1908 (for short "the C.P.C.").

(2.) The Suit has been filed by the Plaintiff inter alia seeking a declaration that she is the adopted daughter of the late Laxman Shegaonkar (for short "the said Laxman") and the late Yamunabai Shegaonkar (for short "the said Yamunabai") and on the basis of this, she claims a share in the estate of the deceased Laxman. The reliefs claimed in the Suit are as under :-

(3.) In paragraph 2 of the plaint, it is specifically averred by the Plaintiff that she is the adopted daughter of the said Laxman and the said Yamunabai, which adoption took place on 27th September, 1950 under the provisions of the Hindu Adoptions and Maintenance Act, 1956. In fact, if one peruses the prayers in the plaint which are reproduced hereinabove, what is clear is that the main prayer in the Suit is for a declaration that the Plaintiff is the adopted daughter of the said Laxman and the said Yamunabai. It is on the basis of this declaration that the Plaintiff claims to be an heir of the said Laxman and therefore claims the other reliefs as more particularly set out here-in-above.