Shree Chandrashekhar, J. - (1.) Aggrieved of order dated 07.12.2011 passed in Title Suit No.42 of 1993 the plaintiffs have approached this Court.
(2.) By an order dated 20.03.2012 further proceeding in Title Suit No.42 of 1993 was stayed by a co-ordinate Bench of this Court.
(3.) Title Suit No.42 of 1993 was instituted for a decree of declaration that defendant no.3 is not the adopted son of defendant no.4 and for a decree for cancellation of Adoption Deed No.143 of 1993 executed on 16.11.1993 by defendant no.4. In the plaint defendant no.4 has been described as wife of Chigal Rai. In the memo of parties in the plaint the defendant no.4 has been described as claiming herself widow of late Chigal Rai. In the pending suit an application for amendment for correcting the description of defendant no.4 was filed on 24.05.2011. In the amendment application the plaintiffs have pleaded as under: "4. That these plaintiffs have stated their lawyer that the defendant no.4 Rupani Devi was not wife of Chigal Rai son of R.T. Jagu Rai of Jamabandi no.16 rather stated that she was not living in the house of Chigal Rai and also stated that defendant no.4 is the legally married wife of one Rashu Rai of village Chitarpoka Nawadih, P.S. Mohanpur, Dist.-Deoghar and she had two daughters namely Jasoda Devi and Shanti Devi from him and at the fag end of life she became unsound and left the village and taking advantage of her unsoundness the defendant no.1 and 2 by showing her to be the wife of Cihgal Rai, got executed deed of adoption after putting another lady in the name of defendant no.4.";