PRITAM SINGH Vs. ARJUN SINGH

JUDGEMENT

(1.) This is the plaintiff's second appeal against the concurrent judgment and decree of learned lower appellate court holding the suit barred by law of limitation. The original plaintiff-Kodo Singh filed Title Suit No. 43 of 1990 praying therein, inter alia, for declaration that the defendant no.1 is not validly adopted son of the plaintiff and for cancellation of the registered deed of adoption bearing no. 58 dated 3.6.1982.

(2.) The case of the plaintiff was that though the deed of adoption said to be executed by him adopting defendant no.1 as his son, he had no knowledge about the said deed of adoption.

(3.) The defendants contested the suit stating, inter alia, that the defendant no.1 was adopted after observing all the rituals of 'giving and taking' which was also sub-sequently recorded in the registered deed of adoption dated 19.3.1982. After sometime, said Kodo Singh was gained over by the interested person and he had executed and registered the deed of cancellation of the said adoption on 19.9.1987. According to the defendants, the suit was wholly false and malicious and it is apparently barred by limitation. On the basis of the pleading, the defendants had prayed for hearing the issue of limitation as preliminary issue.