BABINA DEVI Vs. RUBI DEVI

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondent.

(2.) In this case, petitioner is Defendant-Appellant challenging the order dated 10th June, 2011 by which the application filed before the appellate court for additional evidence has been rejected on the ground that the issue was raised in the trial court and the same was rejected and the same was not challenged in the higher court.

(3.) A partition suit was filed by the plaintiff-respondent against the defendant-petitioner in which she claims to be adopted daughter of Bindeshwari Rai. The facts of this case is that one Bindeshwari Rai had two wives, one Ramrathi Devi and Sundeshwari Rai and he died on 23rd January, 1998 without any issue from either of his two wives. It has been averred by the plaintiff in the plaint that Rubi Devi who was niece of Sundeshwari Devi was adopted by Bindeshwari Rai and she remained with the family and at different places, in place of natural father, Bindeshwari Rai has given his name as her father and, accordingly, claimed that she is adopted daughter of Bindeshwari Rai, whereas Ramrathi Devi who had also no issue, transferred and gifted the property in favour of Rubi Devi, her niece and, as such she is also claiming title over the property.