JARNAIL SINGH, ETC. Vs. CHATAR SINGH, ETC.

JUDGEMENT

(1.) ON 1 -4 -1942, Jemadar Chatar Singh instituted the suit out of which these proceedings have arisen for a declaration that Sadhu Singh was not the adopted son of Bogha Singh and in case the factum of adoption of Sadhu Singh by Bogha Singh was established then the adoption was contrary to the custom and not binding on the reversionary interests of the Plaintiff after the death of Bogha Singh, Defendant 2.

(2.) AT the time of the institution of the suit Sadhu Singh was serving under special conditions within the meaning of Section 3, Indian Soldiers (Litigation) Act, 1925, hereinafter referred to as the Act. On 5 -11 -1947, Chatar Singh made an application in the trial Court for bringing on record the three sons of Sadhu Singh as his legal representatives on the ground that Sadhu Singh had died in the year 1942. That petition was dismissed on 30 -3 -1948, on the finding that the death of Sadhu Singh was not proved and that Sadhu Singh must be deemed to be alive. A similar, application was then made by Jarnail Singh on 28 -10 -1948, but that application was also dismissed on 5 -2 -1949. In the order passed on 5 -2 -1949, Sardar Jasmer Singh, Subordinate Judge, 1st Class, Jagraon, said:

(3.) THE trial Court finding issues 1 and 2 against the applicants dismissed the application with costs on 14 -4 -1949.