DOONGARJI RAMJI Vs. INDIRA BAI

JUDGEMENT

(1.) THE short question arising for determination in this appeal is, whether intermeddler Ramlal in no way related to deceased appellant-tenant Dongarji can avoid abatement of the appeal.

(2.) THIS second appeal by order dated 26-6-1982 was admitted for final hearing on the following substantial question of law:

(3.) ORIGINAL defendant/appellant Dongarji after presenting this Appeal died on 2-6-1987 survived by his son Shantilal s/o Dongarji aged 60 years residing at Bombay-9 (Maharashtra ). Shantilal did not make any application to be brought on record as Legal Representative of the deceased-appellant. Ramlal presented an application (IA No. 2060/87) dated 15-7-1987 claiming to be an adopted son of deceased Dongarji and also having performed his last rites. The application was opposed by the respondent by reply dated 7-8-1987. In the reply it was submitted that Randal is not adopted son of deceased Dongarji and his natural son Shantilal has not applied to be brought on record as Legal Representative of deceased Dongarji. The appeal in the circumstances, was submitted to have abated. This Court by order dated 13-10-1988 directed the trial Court to hold an enquiry about allegations in the application under O. XXII, Rule 3 of the Code of Civil Procedure presented by Rarnlal and submit its report. The Trial Court has submitted its report on 13-12-1988. This report states that Ramlal could not be legally adopted by Dongarji, who had his son Shantilal alive and there were no ceremonies of adoption of Ramlal and there was also no giving or taking. Findings given by the trial Court in this report were not challenged by Shri Dave, learned counsel representing Ramlal before this Court.