SATYA NARAYAN PRASAD GUPTA Vs. BIJAY KUMAR GUPTA

JUDGEMENT

(1.) The present appeal has been filed impugning the judgment dtd. 29/1/2018 passed by Principal Judge, Family Court, Sheikhpura, in Title Suit (Adoption) No. 21 of 2009, whereby learned Family Court has dismissed the petition of the Appellant/Plaintiff seeking declaration that the Appellant/Plaintiff is adopted son of Bhola Sao and Parwati Devi (both deceased) and the Appellant/Plaintiff is legal heir and representative of Bhola Sao and Parwati Devi.

(2.) The case of the Appellant/Plaintiff as per the pleading is that one Bhola Sao alias Bhola Halwai had some landed property including building in the town Sheikhpura. He was married to one Parwati Devi (now deceased). They had no child. So they thought it fit to adopt a son, and accordingly, placed proposal to his brother-in-law / Ramchandra Prasad Bedil and his wife Sabo Devi (deceased), who agreed to give their son (Appellant/Plaintiff) Satya Narayan Prasad Gupta @ Sato Sao @ Satya Prakash Prasad, in the year 1967, who was ten years' old. Accordingly, on 15/5/1967, both the parties i.e Bhola Sao and his wife Parwati Devi and Ramchandra Prasad Bedil and his wife Sabo devi along with some respectable persons of the locality were invited at Maharani Asthan, Bypass, Sheikhpura, P.O. and District - Sheikhpura. Purohit, Jay Pandit Ji started puja-path and hoam before the sacred fire and Ramchandra Prasad Bedil and his wife Sabo Devi gave the Plaintiff to Bhola Sao and his wife Parwati Devi, who accepted the Appellant/Plaintiff as his son in presence of the respectable persons, invitees and witnesses : (i). Khaderan Lal, son of late Bihari Lal, resident of Mohalla Bangaliper P.S.- Sheikhpura, district-Sheikhpura. (ii) Jagdish Prasad, son of late Bachu Lal, resident of Mohalla - Bangaliper, P.S. and district-Sheikhpura. (iii). Anirudh Singh, Son of late Dhanushdhari Singh, resident of village- Barmaper, P.O.- Sarari, P.S.- Sarari, District-Sheikhpura. (iv) . Daso Mahto, son of late Saukhi Mahton, Kamasi Bazar, P.O.- Sheikhpura, P.S. Sheikhpura, District-Sheikhpura and several other persons. Thereafter, Bhola Sao distributed sweets as prasad to the present persons. Since then, late Bhola Sao and late Parwati Devi started living with Appellant/Plaintiff and gave love and affection to him as their son and the Appellant/Plaintiff also became a devotee, follower, loyal and obedient to his adoptive parents.

(3.) On notice, only Respondent-No. 2 Jai Prakash Gupta, who was Defendant No. 2 before the Family Court, appeared and filed his written statement, wherein he took following preliminary objections : (i) That the suit as framed is not maintainable. (ii) That the Plaintiff has got no cause of action or right to sue . (iii) That save and except what has been specifically admitted in the written statement all the allegations made in the plaint are denied. (iv) That the instant suit is barred by law of estoppel, waiver and acquiescence. (v) That the instant suit is barred by the Specific Relief Act. (vi) That the instant suit is bad for misjoinder and non-joinder of the parties.