Arun Bhansali, J. - (1.) THE present writ petition has been filed by the sole defendant -petitioner aggrieved by the order dt. 07.07.2010 passed by the learned trial Court, whereby, the application filed by plaintiff Pokar Ram under Order VII Rule 14 CPC was allowed on a cost of Rs. 1000/ - and original adoption deed has been taken on record. The brief facts of the case are that Smt. Bhikhi Bai W/o late Shri Ghasi Ram and Pokar Ram S/o Shri Ghasi Ram filed a suit for declaration and cancellation of Will said to have been executed by late Shri Ghasi Ram.
(2.) THE suit was resisted by the petitioner -defendant on various grounds and on filing of written statement various issues were framed. Issue No. 3 related to the fact whether Pokar Ram - plaintiff No. 2 was not adopted son of plaintiff No. 1 Smt. Bhikhi Bai and burden of the said issue was on the defendant. The parties led their evidence on the said issues. It appears that the plaintiff No. 2 Pokar Ram attained majority during the pendency of the suit which was filed on his behalf by his mother Smt. Bhikhi Bai as next friend. However, he was denied opportunity for rebutting the evidence on issue No. 3 vide order dt. 20.04.2009 by the learned trial Court. The said order dt. 20.04.2009 was questioned before this Court and this Court in S.B. Civil Writ Petition No. 1537/2009 disposed of the writ petition with direction to the trial Court to allow an opportunity of rebuttal of the evidence to the plaintiff -petitioner on the date fixed by the trial Court subject to payment of cost of Rs. 2000/ -.
(3.) ON being provided the said opportunity by this Court vide its order dt. 08.07.2009, the petitioner Pokar Ram filed his own affidavit and that of Smt. Bhikhi Bai, Dhanraj and Hanuman Ram and also filed application under Order VII Rule 14(3) CPC read with Section 151 CPC for taking the adoption deed on record.;