- (1.) This revisional application is heard on the limited issue of applicability of Section 12(b) of the Hindu Adoptions and Maintenance Act, 1956.
(2.) I shall only record such facts that are limited to the issue are: Bholanath Choudhury and his wife Dhaneswari Choudhury had two sons, namely, Manindra Narayan Choudhury and Sri Jadabendra Narayan Choudhury. Sri Jadabendra Narayan Choudhury, the petitioner No.1 herein, was given in adoption to Jadunandan Choudhury and Tarangini Choudhury prior to coming into force of Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as "1956 Act").
(3.) The parties are governed by the Mitakshara school of succession. Dhaneshwari Choudhury filed a Partition Suit against her elder son Manindra Narayan Choudhury in the year 1969. A preliminary decree was passed on 8th August, 1970. The said decree was taken to the Court of Appeal.;