BADLU Vs. RAJA RAM AND OTHERS

JUDGEMENT

(1.) THE facts giving rise to this second appeal may be stated at some length. Rama Nand was the owner of land situated in village Phusgarh Jagir, Tehsil and District Karnal, including land measuring 46 kanals 3 marks which is now in dispute. He adopted Sewa Singh defendant No. 3 as a son. In the year 1962, Raja Ram, who was the plaintiff in the present proceedings but died during the pendency of this appeal, ' instituted a suit praying for the grant of a declaration that Sewa Singh's adoption by Rama Nand was invalid. In that suit Raja Ram described himself as a 5th degree collateral of Rama Nand and claimed a right to maintain the suit on that basis. Rama Nand died in January, 1963, and Raja Ram withdrew the suit after obtaining permission of the Court to file a fresh suit on the same cause of action.

(2.) SHRI H S. Gujral learned counsel for the appellant, has raised the following three contentions:

(3.) THE first contention of Shri Gujral appears to me to be unexceptionable. In the present suit the cause of action, as pointed out by the learned Additional District Judge, is the death of Rama Nand and the rule of succession under which Raja Ram was Rama Nand's sole heir. This was precisely the cause of action in the suit in which order Exhibit D. 6 was made and it cannot be said that the inheritance of Rama Nand was not "relevant" to that suit as was erroneously assumed by the learned Additional Sessions Judge. It is to be noted that not only was the said rule of succession specifically pleaded by Raja Ram but he could not also possibly lay claim to the property left by Rama Nand with out asserting that he was Rama Nand's sole heir. The causes of action in the two suits are, therefore, held to be identical and the finding of the learned Additional District Judge to the contrary is reversed.