HARNAM SINGH Vs. BAKHSHISH SINGH

JUDGEMENT

(1.) This is a plaintiff's second appeal against a judgment and decree of the Additional District Judge, Hoshiarpur, affirming a decree of the trial Court holding that the plaintiff could not continue his second suit because of the dismissal of the first.

(2.) In order to make clear how the question arose it is necessary to describe the litigation which has given rise to this appeal. On the 22nd of June, 1946, Harnam Singh plaintiff brought a suit for declaration that he was a lawfully adopted son of Hira Singh as he was adopted by Hira singh's widow Diali who had obtained her husband's permission during his lifetime. After the defendants had put in their written statement an issue as to adoption was framed on the nth of December, 1946, and the case was adjourned to the 4th of March, 1947, for evidence.

(3.) On the 11th of January, 1947, Harnam Singh brought another suit against the same defendants on practically the same allegations.