SHAMBHU NATH YADAV Vs. PRADEEP KUMAR YADAV

JUDGEMENT

(1.) IN this I.A., the applicant has prayed for his substitution in place of sole appellant, Rudrawati Devi, who died on 26.6.2006 leaving behind the applicant as the only heir and legal representative being the son of the younger brother of her husband. It has been stated that the appellant's husband died earlier and the two brothers of her husband, namely, Bisheshwar Mahto died issueless. Hari Chand Mahto died leaving behind this applicant as the only son and legal heir and representative. The applicant has sought substitution in place of the deceased sole appellant.

(2.) THIS Second Appeal arises out of a cause in which the appellant, who is said to have executed the deed of adoption in favour of respondent no. 1, was assailed in the suit. The defendant -respondent no. 1 claims to have adopted by the appellant (widow) of late Garbhu Mahto. The appellant had disputed the said adoption. The judgment and decree, which was passed against the appellant, has been challenged in the Second Appeal.

(3.) MR . V. Shivnath learned senior counsel appearing for the applicant submitted that the right to sue does not end with the death of the appellant as she had assailed the deed of adoption and she had challenged the judgment and decree passed against the appellant. In the event the impugned judgment and decree are set aside, the applicant shall inherit the estate of the appellant being the only surviving heir of the appellant's husband and, as such, the applicant alone is entitled to be substituted in place of the appellant to contest the adoption and to continue with the appeal in which the judgment and decree of the learned Court below upholding adoption has been assailed. Learned counsel submitted that since the Second Appeal has been admitted for hearing by framing substantial questions of law, legality and validity of the adoption itself is to be decided for answering the said substantial questions. In view of the substantial questions, the applicant becomes most interested person as in absence of adoption, he would inherit the property and estate of the deceased appellant.