RATNAMANI BADU Vs. PURNA CHANDRA BADU

JUDGEMENT

(1.) PLAINTIFF has filed this appeal against the reversing decision.

(2.) THE original suit was filed by Bamadeb Badu for declaration that the registered deed of gift dated 17.1.1983 is void and not binding on the plaintiff and for declaration that defendant is not the adopted son of the plaintiff. Subsequently, on the death of the original plaintiff, present plaintiff was substituted as the sole legal representative. Thereafter, the petition for amendment of the plaint was filed.

(3.) THE defendant in his written statement apart from denying the allegations made by the plaintiff, took the plea that the plaintiff had no locus stand to challenge the transaction. It was pleaded that the natural father of -the present plaintiff had been adopted away to another family and as such plaintiff was not the nearest heir. It was also ; tated that the suit was bad for non -joinder of necessary parties, as other brothers and sisters of the plaintiff had not been impleaded as parties. It was further pleaded that the deed of gift had been duly executed by late Bamadeb Badu. It was further pleaded that the defendant had been adopted by late Bamadeb Badu and the transaction is valid and binding on all concerned, as the same was not vitiated by fraud.