USHA DEVI @ RAM DEVI Vs. NAMRATA SAINI

JUDGEMENT

(1.) Petitioners are aggrieved of the order dated 02.07.2016 passed by the Civil Judge (Jr. Divn.) Faridabad whereby application filed by the petitioners under Order 7, Rule 11 CPC was dismissed.

(2.) Brief facts are that plaintiff Namrata Saini filed a suit for declaration with consequential relief of permanent injunction. The plaintiff filed the suit on the basis of her being adopted daughter of Ramesh Chand Saini. Following pleadings were made in para Nos. 2, 4 and 5 of the plaint by the plaintiff:-

(3.) Defendants filed application under Order 7, Rule 11 CPC for rejection of the plaint being barred by law. Defendants/petitioners relied upon Section 12 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter to be referred as 'the Act') to the effect that the adopted child shall be deemed to be the child of his or her adopted father or mother for all purposes with effect from the date of adoption and from such date all the ties of the child in the family of his/her birth shall be deemed to severed and replaced by those created by the adoption in the adoptive family. The defendants further relied upon the pleadings in the plaint wherein it was admitted that after the birth of the plaintiff on 01.09.1988, she was given and taken in adoption after six months of her birth and since then, she was living with her adoptive father Ramesh Chand Saini.