SRIKANTA TRIPATHY Vs. DASARATHI TRIPATHY

JUDGEMENT

(1.) This petition challenges the order dated 20.10.2014 passed by the learned District Judge, Puri in R.F.A.No.45 of 2008. By the said order, the learned appellate court rejected the application of the petitioner for grant of leave to file appeal.

(2.) Damodar Tripathy, the predecessor in interest of opposite party nos. 1 and 2 instituted C.S.No.60/394 of 2006/2004 in the court of the learned Additional Civil Judge (Sr. Division), Puri for specific performance of contract impleading opposite party no.3 as defendant. The suit was decreed on 15.2006. The petitioner was not a party in the suit. Aggrieved by and dissatisfied with the judgment passed by the learned trial court, he filed R.F.A. No.45 of 2008 before the learned District Judge, Puri. Since there was delay, an application for condonation of delay was filed. According to the petitioner, he is the adopted son of Nishamani Tripathy. Respondent no.2 filed objection. Though the learned appellate court came to hold that the person, who is not a party to the decree or order, may file appeal with the leave of the Court, but then it came to a conclusion that the deed of acknowledgement of adoption on the basis of which the petitioner claims to be adopted son of Nishamani though a registered one, does not satisfy the requirement of Section 16 of the Hindu Adoption and Maintenance Act. Held so, the learned lower appellate court refused to grant leave.

(3.) Heard Mr. D.P.Mohanty, learned Advocate for the petitioner and Ms. Debasmita Debdarsini Acharya, learned Advocate for opposite parties.