PRAKASH CHANDRA SWAIN Vs. KUSIMA BEWA AND ORS.

JUDGEMENT

(1.) PLAINTIFF is the Appellant against a reversing decision. Suit was filed for declaration that the Plaintiff is the adopted son of Defendant No. 1 and for restraining Defendant No. 1 from alienating the disputed property. It was alleged in the plaint that though the Plaintiff is the natural born son of Ratnakar Swain, he was taken in adoption by Defendant No. 1 and her husband in the year 1950, but subsequently due to some misunderstanding Defendant No. 1 disclaimed the adoption.

(2.) INITIALLY , Defendant No. l had filed a separate written statement challenging the allegations made in the plaint. It was stated that the husband of Defendant No. 1 had died in the year 1942 and as such, the question of adoption of the Plaintiff in the year 1950 by the husband of Defendant No. 1 did not arise. It was further stated that a document purporting to be the acknowledgment of adoption was obtained from Defendant No. 1. Defendant No. 2 who had admittedly purchased the suit land from Defendant Ne. 1 filed a written statement denying the allegations made in the plaint.

(3.) SUBSEQUENTLY , an additional written statement was purported to be filed by Defendant No. 1 wherein it was indicated that Defendant No. 3 had been adopted by Defendant No. 1. It is to be noted here that subsequently a petition has been filed in the High Court stating that such additional written statement had been fraudulently obtained from Defendant No. 1. However, it is made clear that question of validity of transaction between Defendant Nos. 2 and 1 and the question as to whether the Defendant No. 1 had adopted Defendant No. 3, not being germane to the present litigation have not been decided in any manner in this appeal.