- (1.) THIS second appeal has been filed against the judgment and decree dated 31.3.2004 passed by
(2.) ND Additional District Judge, Dumka in Title Appeal No. 7 of 1997, affirming the judgment and decree 10.7.1997 passed by Sub Judge -II, Dumka in Title Suit No. 15 of 1987. Heard Mr. Rajiv Ranjan, learned counsel appearing for the plaintiff -appellant. He submitted that the learned courts below did not frame issues properly; and that the courts could not have gone into the validity of the plaintiff's adoption. 2 The said submissions are not acceptable. This suit was filed by the plaintiff -appellant for declaration that defendant no. 1 (Sudarshan Rai) is not the legally adopted son of Chhatia Ghatwalin. The case of the plaintiff in short is that he was adopted under a registered deed dated 21.4.1976 by Ratia Ghatwalin, who inherited the properties of her brother -Sanichar Rai, but the said Chhatia Ghatwalin, who was an outsider, claiming to be the maternal nice of Sanichar Rai, executed a registered deed of adoption on 5.8.1986 in league with his parents for claiming the property of Sanichar Rai.
(3.) THE said case of the plaintiff was denied and disputed by the defendants. It was, inter alia, said in the written statement that Chhatia Ghatwalin was not an outsider and, actually, she was the daughter of Ratia Ghatwalin and Chhatia Ghatwalin adopted defendant no. 1 and the alleged adoption deed dated 21.4.1976 of the plaintiff's adoption was forged and fabricated document and, in fact, Ratia Ghatwalin died in the year 1971.;