Mahendra Prasad Das vs Arun Kumar Das
2021 Latest Caselaw 2144 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  [Civil Appellate Jurisdiction]
                            S.A. No. 81 of 2015
         1.Mahendra Prasad Das
         2.Smt. Suma Devi                              .... .. ...          Appellant(s)
                                     Versus
        Arun Kumar Das                                           .. ... ... Respondent(s)
                          ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :-Video Conferencing) .........

For the Appellant(s) : Mr. Kundan Kr. Ambastha, Advocate.

      For the Respondent              :
                          ..........

07/ 01.07.2021. Heard, learned counsel for the appellants.

The instant Second Appeal has been preferred by the defendants/respondents/ appellants against the judgment dated 21.01.2015 and decree signed on 07.02.2015, passed by learned Principal District Judge, Deoghar in Title Appeal No.21 of 2007 and the judgment and decree dated 25.07.2007, whereby the learned appellate court has allowed the appeal and reversed the judgment dated 25.07.2007 and decree signed on 08.08.2007, passed by learned Civil Judge (Sr. Division-VII), Deoghar, in Title Suit No.38 of 2000.

Mr. Kundan Kr. Ambastha, learned counsel for the appellants has submitted that Title Suit No.38 of 2000 was filed by the plaintiff/appellant/respondent for cancellation of Registered Deed of Adoption No.120 dated 10.08.1996 purported to be executed by the plaintiff adopting defendant No.3, Arun Kumar Das as his son, who was originally son of Mahendra Prasad Das. Learned Civil Judge (Sr. Division No.VII), Deoghar vide judgment dated 25.07.2007 and decree signed on 08.08.2007 passed in Title Suit No.38 of 2000 has dismissed the suit. However, learned Appellate Court instead of giving a finding with regard to document as valid or not has taken a different view that in this adoption deed, welfare of the minor child, Arun Kumar Das has not been taken proper care of which is erroneous finding recorded by the learned trial Court, as such, the instant Second Appeal may be admitted, LCR may be called for and notice may be issued to the contesting respondent and appellant may be permitted to frame other substantial question of law at the time of final hearing.

Since the learned Appellate Court has not given any finding with regard to the validity of registered deed of adoption No.120 dated 10.08.1996, which has already been found to be valid by the learned Civil Judge dismissing the suit of the plaintiff, but the learned Appellate Court has taken a different view of the matter that welfare of the child has not been taken proper care by the adoption. Though such issue has been framed by the learned appellate court.

Under the aforesaid circumstance, the Second Appeal is admitted on the following substantial questions of law :-

(i)Whether the learned Lower Appellate Court was duty bound to give a finding with regard to validity of registered deed of adoption?

(ii) Whether the learned Lower Appellate Court has committed an error in taking a different view which has not been formulated before the learned Appellate Court?

However, the appellants are at liberty to raise any other substantial question of law at the time of hearing of this appeal.

Call for the Lower Court Records.

Let notice be issued to Respondent No.2/sole respondent- Arun Kumar Das adopted son of Mahendra Das @ Kanhu Das, R/o Village Dumarthar, P.O. & P.S. Mohanpur, District- Deoghar under both process i.e. under Registered Cover A/D as well as under ordinary process, for which requisites etc., must be filed within two weeks.

(Kailash Prasad Deo, J.) Sandeep/R.S