PANCHANAN PANDA Vs. PREMLAL PANDA

JUDGEMENT

(1.) IN the present application, the petitioners seek to challenge the order dated 27.2.1998 (Annexure - 3) passed by the Joint Commissioner of Consolidation (O.P. No. 9) in Revision Case No. 51 of 1994 allowing the revision and reversing the order dated 29.4.1992 (Annexure - 1) passed by the Consolidation Officer as well as the appellate order dated 18.9.1993 (Annexure - 2) passed by the Deputy Director of Consolidation.

(2.) THE petitioners seek to challenge the order (Annexure -3) passed in the Revision by the Joint Commissioner of Consolidation, inter alia, on the ground that the Revisional Authority had failed to take proper account of the principle of res judicata and in particular, the provisions of Section 11 of Code of Civil Procedure and erroneously came to the conclusion that the claim of adoption by Premlal -opposite party No. 1, was not barred by the principle of res judicata.

(3.) THE dispute in the present case relates to rival claims pertaining to succession to the property of Krushna Chandra (the eldest son of Jagannath) who died issueless. Opposite party No. 3 (Bhabagrahi), son of petitioner No. 1 -Panchanan, filed a suit being Title Suit No. 24/42 of 1978/81 seeking a declaration that he was the adopted son of late Krushna Chandra and made a further prayer seeking a declaration that Premlal (opposite party No. 1) was not the adopted son of Krushna Chandra and that the registered deed of adoption dated 14.12.1977 said to have been executed in his favour, was invalid and illegal.