MEHAR SINGH Vs. DHURENDER SINGH

JUDGEMENT

(1.) The unsuccessful plaintiff-appellant has impugned the judgement and decree of the first appellate Court whereby his appeal was dismissed on the ground that the same was filed beyond limitation in this regular second appeal.

(2.) The facts:- The plaintiff-appellant (hereinafter the plaintiff) and defendant-respondent No. 2 (hereinafter defendant No. 2) are real brothers, that their third brother Lal Chand died on 1/12/1973, that defendant No. 1/respondent No. 1 (hereinafter defendant No. 1), son of defendant No. 2, claimed that he was the adopted son by Lal Chand deceased, that the plaintiff did not admit the factum of adoption and impugned the same in the civil suit and sought a declaration that he and his brother, defendant No. 2, were entitled to the estate of Lal Chand deceased in equal shares.

(3.) The suit was contested by the defendants, inter alia, on the ground that defendant No. 1 was validly adopted by the deceased under a registered adoption deed dated Nov. 26, 1973: