ANIL KUMAR Vs. ASHOK KUMAR

JUDGEMENT

(1.) This first appeal under Section 96 CPC is directed against judgment and decree dated 19.02.2005 passed by Additional District Judge, Nimbahera, whereby, the suit filed by the appellant-plaintiff seeking declaration as adopted son has been dismissed.

(2.) The facts in brief may be noticed thus : the appellantplaintiff filed a suit on 16.11.2004, inter alia, with the averments that defendant Ashok Kumar and plaintiff's natural father Laxman Das are real brothers; defendant has no son and has only three daughters viz. Savitri, Pinki and Premlata; name of defendant's wife is Meera Devi; as defendant has no male issue, he adopted his brother's son (plaintiff) on 14.01.1984 as per the accepted practices and rituals of Sindhi Community, ever since plaintiff is defendant's adopted son and was living with him as such; at the time of adoption, plaintiff's age was 16 years; the adoption took place in the presence of persons belonging to the Community/Panchayat and in presence of natural father and mother and adoptive mother; it was claimed that the plaintiff was living as adoptive son of defendant ever since and, a document in this regard, has also been executed; it was further claimed that defendant's elder brother and plaintiff's father Laxman Das died recently, whereafter, on account of mala fides, the defendant has refused to accept the plaintiff as his adopted son and wants to adopt someone else; plaintiff and several persons tried to know the reason from the defendant; however, he was not ready to accept the plaintiff as his adopted son and, therefore, the suit was being filed; it was claimed that the cause of action arose on 24.10.2014 when the defendant refused to accept the plaintiff as his adopted son and the suit was within limitation.

(3.) A written statement dated 25.01.2005, admitting the claim made by the plaintiff in the suit, was filed by the sole defendant - Ashok Kumar, inter alia, stating that he had no male issue, he had adopted Anil Kumar on 14.01.1984 as per traditions and rituals of Sindhi Community, since then plaintiff was living with him as his adopted son; the adoption took place in the presence of plaintiff's natural parents and other members of the community; ultimately, it was stated that if the suit was decreed, the defendant had no objection.