- (1.) This second appeal under Section 100 CPC has been filed against the judgment and decree dated 29.11.94 passed by District Judge, Jhunjhunu in Civil Appeal No. 20/88 confirming the judgment and decree dated 4.8.88 passed by Civil Judge, Jhunjhunu in Civil Suit No. 29/85 whereby the suit has been decreed for declaration and injunction against the appellant.
(2.) The short facts of the case are that plaintiff respondent filed a suit for declaration and permanent injunction with the averment that defendant was not adoptive son of her deceased husband Jeeta Ram and if there is any documentary evidence for adoption, same may be declared as forged. The contention of the defendant was that he was adoptive son of Jeeta Ram and adoption has taken place in Samvat 2023 on Ramnavmi and giving and taking ceremony was performed and deed of adoption was also got registered on 18.11.76. The plaintiff has pleaded that the defendant was married having children he could not be adopted. After hearing the parties, both the issues have been decided in favour of plaintiff and it has been declared that defendant is not the adoptive son of Jeeta Ram and appeal has also been dismissed, hence this second appeal.
(3.) This appeal has been admitted on 27.3.2006 on the following issues:- "(i) Whether the suit for declaration without seeking relief of cancellation of Adopting deed was not maintainable (ii) Whether the suit was barred by time in the facts held proved by the courts below ;