SMT. MANJULATA BHOI Vs. SMT. SABITRI SETHI

JUDGEMENT

(1.) This petition challenges the order dated 28.1.2016 passed by the learned Civil Judge (Senior Division), Puri in C.S No.92 of 2014. By the said order, learned trial court rejected the application filed by the plaintiff under Order 18, Rule 1 CPC for a direction to the defendant to begin first.

(2.) The petitioner as plaintiff instituted the suit to set aside the sale deed dated 13.12.2013 in favour of defendant no.2 and permanent injunction impleading the opposite party as defendant. The case of the plaintiff is that she is the adopted daughter of defendant no.1. She was adopted on Akhi Trutiya day of 1981. Subsequently the deed of acknowledgment of adoption was executed on 27.8.2010. After the death of her mother, defendant no.2 raised claim over Schedule-B property on the strength of sale deed said to have been executed by defendant no.1 on 13.12.2013. The same is invalid, since no consideration was paid. Be it noted that the defendant no.1 died during pendency of the suit.

(3.) Pursuant to issuance of summons, the defendant no.2 filed a written statement-cum-counter claim praying for a declaration that the plaintiff is not the adopted daughter of defendant no.1, deed of acknowledgment of adoption dated 27.8.2010 is illegal, the gift deed dated 27.8.2010 as void and permanent injunction. The case of the defendant no.2 is that the deed of acknowledgment of adoption and gift deed executed in favour of the plaintiff are invalid documents. Defendant is in possession of the suit property. It is further stated that in the year 1968 on Akhi Trutiya day, her husband was adopted by defendant no.1 and thereafter the deed acknowledging adoption was executed on 11.2.1987.