MARU RAI Vs. LAKHAPATI RAI

JUDGEMENT

(1.) Aggrieved of order dated 07.12.2011 passed in Title Suit No.42 of 1993 the plaintiffs have approached this Court.

(2.) By an order dated 20.03.2012 further proceeding in Title Suit No.42 of 1993 was stayed by a co-ordinate Bench of this Court.

(3.) Title Suit No.42 of 1993 was instituted for a decree of declaration that defendant no.3 is not the adopted son of defendant no.4 and for a decree for cancellation of Adoption Deed No.143 of 1993 executed on 16.11.1993 by defendant no.4. In the plaint defendant no.4 has been described as wife of Chigal Rai. In the memo of parties in the plaint the defendant no.4 has been described as claiming herself widow of late Chigal Rai. In the pending suit an application for amendment for correcting the description of defendant no.4 was filed on 24.05.2011. In the amendment application the plaintiffs have pleaded as under: