PURKHARAM Vs. JETHI DEVI

JUDGEMENT

(1.) The instant second appeal has been preferred by the appellant Purkharam being aggrieved of the judgment-cum-decree dated 23.02.2017 passed by the learned Additional District Judge No.4, Bikaner in Civil Appeal (Decree) No.92/2016, whereby the first appellate court affirmed the judgment-cum-decree dated 09.08.2016 passed by the learned Civil Judge and Judicial Magistrate, Bikaner in Civil Suit No.327/2013.

(2.) I have heard and considered the submissions advanced at bar and have gone through the impugned judgments.

(3.) The respondent plaintiff filed a suit under Order 7 Rule 1 CPC seeking declaration of the registered adoption deed dated 07.12.2002 to be void. The respondent-plaintiff claimed in her suit that the defendant fraudulently took her to the Sub-Registrar Office saying that she was being assisted to provide her KCC loan. In this manner, by misleading her, she was made to append her thumb impression on the adoption deed. The adoption deed was challenged as being void ab initio because the defendant was 32 years of age at the time of execution of the deed.