GAJAPATHI RADHIKA Vs. VASUDEVA SANTA SINGARO

JUDGEMENT

(1.) THE only question on which their Lordships have heard any argument is whether the appellant, who is the plaintiff' in the suit, shall be permitted to open a case which she did not bring before either the Court of First Instance or the Court of Appeal below. The material facts are as follows:

(2.) PADMANABHA , talukdar of Tekkali, had two sons by different women. The plaintiff is the widow of one of them named Gopinadha. The first defendant, Radhamatri, is the widow of Krishna, the other son, and the second defendant is a boy whom Radhamani has purported to adopt. The plaintiff alleges that the adoption is invalid, and that, as the widow of Gopinadha, she is the heir of Krishna, subject to his widow's interest. She has brought this suit to set aside the adoption. It is plain therefore that she cannot obtain a decree unless, setting aside the adoption, she would stand next to Radhamani in the line of succession to Krishna.

(3.) ON these pleadings issues were settled, the first being whether Gopinadha was a sapinda of Krishna. The District Judge found that Gopinadha was of illegitimate birth, and therefore was not a sapinda, and on that ground he dismissed the suit. He did not come to any finding on the other issues in the suit; but he intimated an opinion adverse to the plaintiff on the question whether she could claim to succeed to the collaterals of her husband.