PAWAN KUMAR PATHAK Vs. MOHAN PRASAD DUBEY

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has rd been filed against the order dated 13-12-2017 passed by 3 Additional District Judge, Gwalior in Civil Suit No. 40A/2015 by which the Trial Court has rejected two applications filed by the Petitioner under Section 151 and Order 7 Rule 14(3) of C.P.C.

(2.) The necessary facts for the disposal of the present petition, as per the submissions made by the Counsel for the Petitioner, in short are that the Petitioner has filed a civil suit for declaration of title and permanent injunction on the ground that he is the son of Late Heeralal Pathak and in that capacity, he is the sole owner and in possession of the disputed property.

(3.) The respondents filed their written statement and disclosed the names of Natural Father and Natural mother of the petitioner and pleaded that he is not the son of Heeralal Pathak. Thereafter, the petitioner filed an application under Order 6 Rule 17 C.P.C., seeking permission to amend the plaint and wanted to add the pleadings that in fact he is the adopted son of Late Heeralal Pathak. The said application was rejected by the Trial Court, and the petition was also dismissed by the High Court. Thereafter, review filed by the petitioner was also dismissed by the High Court. Thereafter, the petitioner filed an application under Order 7 Rule 14(3) of C.P.C., seeking leave to file the Adoption Deed. The said application was allowed and the petitioner was also permitted to summon the witnesses from the Office of Sub-Registrar, to prove the execution of the registered Adoption Deed.