RAJEEV KUMAR SINGH Vs. SHANKAR SINGH

JUDGEMENT

(1.) This Civil Revision has been filed under Sec. 115 of the Code of Civil Procedure, 1908 against the order dtd. 8/5/2019 passed by learned Sub-Judge XIVth, Saran at Chapra in Title Suit No. 275 of 2011 whereby and whereunder the petition dtd. 7/9/2018 filed by the petitioner/defendant First Set under Order VII Rule 11 of the CPC has been rejected.

(2.) Plaintiffs /opposite parties 1st Set had filed Title Suit No. 275 of 2011 in the court of learned Sub-Judge 1st , Saran at Chapra seeking relief for declaration that judgment and decree dtd. 12/7/2010 and 23/3/2010 respectively passed in Title Suit No. 130 of 2009 by the learned Sub-Judge 1st, Saran at Chapra is illegal, showy, forged and not binding upon them.

(3.) The case of the plaintiffs is that Mahendra Singh was an employee in Railway at Gorakhpur on the post of Khalasi and during subsistence of his service period he died on 1/4/2001. Initially Mahendra Singh was married with one Gangajali Devi but out of the said wedlock they have no issue, as such Mahendra Singh solemnized marriage with one Rita Devi, mother of the plaintiffs as per Hindu Rituals on 13/12/1998 and accepted the plaintiffs who are sons and daughters of Rita Devi from her earlier marriage as his issue. The further case of the plaintiffs is that when they have made a claim before the Railway Authorities claiming death-cum-post retiral claim of late Mahendra Singh then they came to know that defendant no. 1 i.e. Rajiv Kumar Singh petitioner herein has filed a copy of judgment and decree dtd. 12/7/2010/ 23/7/2010 passed in Title Suit No. 103/2009 whereby in the said judgment it was held that defendant no. 1 is the adopted son of late Mahendra Singh.