RAMNATH SINGH Vs. BADLU SINGH

JUDGEMENT

(1.) THIS is a civil second appeal.

(2.) BADLU Singh filed a suit against Mangtu Singh and Ramnath Singh in the court of the Munsif of Bharatpur on the 10th of July, 1950 for a declaration that the adoption of Ramnath Singh by Mangtu Singh was void. It was alleged by the plaintiff that he was the brother of the defendant No. 1, Mangtu Singh, and was thus entitled to succeed to him on his death. The adoption of Ramnath Singh by Mangtu Singh was challenged as being invalid but no specific pleas were taken to show on which grounds it was claimed to be so. Ramnath Singh contested the suit and alleged that his adoption by Mangtu Singh was valid and effective. Mangtu Singh accepted the claim of the plaintiff. Both the courts below decreed the suit on the ground that Ramnath Singh's adoption was invalid because he had been married prior to his adoption. Ramnath Singh has come to this court in second appeal and it has been urged on his behalf that the plaintiff had no cause of action to claim a declaration regarding the adoption of defendant No. 2 Ramnath Singh, because the right of the plaintiff to succeed to Mangtu Singh is only spes suceessinis and he cannot be said to have a cause of action for a suit under sec. 42 of the Specific Relief Act.