- (1.) This is an appeal from the order of the learned Single Judge of this Court. The facts briefly stated are as follows:
(2.) Mst. Sarswati, widow of Kishori Lal, executed a document in favour of Ved Parkash in which it was alleged that Ved Parkash had been brought to his house by her husband with a view to adopting him, that Ved Parkash had been living with her husband as his adopted son and that since her husband had no time to perform the ceremonies of adoption, he had left instructions with her to perform those ceremonies and this she had done. The Plaintiffs brought this suit for cancellation of the alleged adoption of Ved Parkash. In the joint written statement put in by Ved Parkash and Mst Sarswati they took up a double position. In the first place they stated that Ved Parkash had been adopted by Kishori Lal during his lifetime and on the latter's death Ved Parkash succeeded to him as his adopted son. Secondly, they stated that according to the directions left by Kishori Lal, Mst. Sarswati had adopted Ved Parkash by performing ceremonies and this she had a right to do according to the custom prevalent among that class of Jains to which the parties belonged. In order to clarify the position regarding adoption, the Subordinate Judge took the statement of Ved Parkash under Order 10, Rule 1, C.P.C., and in that statement Ved Parkash took up the definite position that he had been adopted by Kishori Lal and not by his wife. Unfortunately, the Subordinate Judge forgot to take the statement either of Mst. Sarswati or her counsel with the result that the position so far as she was concerned remained somewhat obscure. Taking into consideration Ved Parkash's statement, the Sub-Judge framed the following two issues: 1. Whether Ved Parkash Defendant was validly adopted by Kishori Lal. O.D. 2. Whether the suit is within time. O.P.
(3.) Later on Ved Parkash and counsel for both the defendants made an application alleging that certain questions of fact raised by them; had not been put in issue and prayed that the following two additional issues be added: 1. Did Mst. Sarswati adopt the Defendant according to the wishes of and the instructions given by Kishori Lal 2. Whether the parties are governed by Jain Dharam and according to that a widow can adopt.;