AMAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Plaintiff-Amar Singh filed a suit for declaration. Vide judgment and decree dated 17.11.2004, the suit of the plaintiff was dismissed by the Additional Civil Judge (Senior Division), Fazilka. Aggrieved against the same, the plaintiff filed an appeal and the same was dismissed by the Additional District Judge Ferozepur vide judgment and decree dated 9.2.2006. Hence, the present appeal by the plaintiff. The facts of the case in brief, as noticed by the learned Additional District Judge in paras 2 and 3 of its judgment, are reproduced herein below:- "2.The facts pleaded by the appellant before the learned trial court were that Kulwant Singh son of Hardit Singh was serving as Assistant Line Man with respondent No.2 Punjab State Electricity Board (hereinafter referred as the Board). When the appellant was two years old Kulwant Singh adopted him as his son from his natural parents, who were residents of village Rukanpur because Kulwant Singh was issueless. An adoption deed to this effect was executed and got attested from Notary Public Fazilka. Kulwant Singh died on 25.7.2000. The appellant performed all the last rites and ceremonies of Kulwant Singh as his son. During his life time, the appellant had been looking after Kulwant Singh as his father. Kulwant Singh was having love and affection for him. On 5.4.2000 Kulwant Singh executed Will in favour of the appellant bequeathing his movable or immovable properties in his favour, including his service/pensionary benefits lying with the Board.

(2.) After the death of Kulwant Singh, appellant approached the respondent No.2 to admit him as adopted son of Kulwant Singh and to release bill the amounts belonging to Kulwant Singh but they refused. The appellant served legal notice towards respondent No.2 but with no effect. Hence, he filed suit for declaration to the effect that he was adopted son of Kulwant Singh and was entitled to receive all the service/pensionary benefits of Kulwant Singh lying with the respondent No.2 on the basis of adoption deed dated 5.8.1998 and also on the basis of Will dated 5.4.2000 duly executed by deceased Kulwant Singh 3. Notice of the suit was given to the respondents. None appeared on behalf of the respondents no.1 and 2 and thus they were proceeded against ex-parte. Respondent No.2 appeared and filed written statement contesting the suit of the appellant. In its preliminary objections maintainability of the suit was challenged.

(3.) According to the contesting respondent, the appellant was having no locus standi to file the suit. He did not come to the court with clean hands. Suit was based on frivolous grounds and on the basis of fabricated and forged documents. On merits it was averred that the appellant was never adopted by deceased Kulwant Singh. It was averred that he was not entitled to receive any of the service/pensionary benefits of Kulwant Singh lying with respondent No.2. The documents were alleged to be forged and fabricated. It was prayed that the suit of the appellant be dismissed." On the pleadings of the parties, the trial Court framed the following issues:- "1.Whether the plaintiff is adopted son of Kulwant Singh, vide adoption deed dated 5.8.1998 OPP 2.Whether Kulwant Singh executed a valid Will dated 5.4.2000 in favour of the plaintiff OPP 3.Whether the plaintiff is entitled to the declaration prayed for OPP 4.Whether suit of the plaintiff is not maintainable in the present form OPD 5.Whether the plaintiff has no locus standi and cause of action to file the present suit OPD 6.Relief."