SHRI RAM Vs. RAM SWAROOP

JUDGEMENT

(1.) THIS is a second appeal by the plaintiffs in a declaratory suit.

(2.) RAM Kanwar, who was defendant in the suit and has since died, adopted RAM Swaroop respondent on 21st May, 1945, and the plaintiffs instituted the present suit on the 24th of August, 1945, for declaring the adoption to be invalid on the ground that the adoption had been made contrary to the Wajib-u!-Arz of the village, and further that RAM Swaroop was married at the time of adoption and could not have been legally adopted. The defendants contested the suit, and it was held by the trial court that the adoption of a married person was permitted by custom, and the conditions in the Wajib-ul-Arz were only directory and not mandatory. The suit was accordingly dismissed. The same judgment was upheld on appeal.