KUMARI ANAND Vs. BHIKHI BAI

JUDGEMENT

(1.) THE present writ petition has been filed by the sole defendant -petitioner aggrieved by the order dt. 07.07.2010 passed by the learned trial Court, whereby, the application filed by plaintiff Pokar Ram under Order VII Rule 14 CPC was allowed on a cost of Rs. 1000/ - and original adoption deed has been taken on record. The brief facts of the case are that Smt. Bhikhi Bai W/o late Shri Ghasi Ram and Pokar Ram S/o Shri Ghasi Ram filed a suit for declaration and cancellation of Will said to have been executed by late Shri Ghasi Ram.

(2.) THE suit was resisted by the petitioner -defendant on various grounds and on filing of written statement various issues were framed. Issue No. 3 related to the fact whether Pokar Ram - plaintiff No. 2 was not adopted son of plaintiff No. 1 Smt. Bhikhi Bai and burden of the said issue was on the defendant.

(3.) ON being provided the said opportunity by this Court vide its order dt. 08.07.2009, the petitioner Pokar Ram filed his own affidavit and that of Smt. Bhikhi Bai, Dhanraj and Hanuman Ram and also filed application under Order VII Rule 14(3) CPC read with Section 151 CPC for taking the adoption deed on record.