PRATAP KISHORE Vs. GYANENDRANATH

JUDGEMENT

(1.) This is a pltf.'s second appeal against the judgment of Sri C. C. Coari, Dist. J. Cuttack, affirming the judgment of Sri G. C. De, Addl. Subordinate Judge, Cuttack, in O.S. No. 25 of 1938,

(2.) Pltf. 1 is the son of one Bhagat Charan Mohanty who was impleaded as deft, a in the suit but was transposed as pltf. 2 on 9-6-40 when the trial was opened. The first pltf. who was a minor-raised the suit through his next friend, Suriyamoni Dei, said to be his father's sister, for a declaration that deft. 1 Gyanendranath Mohanty, is not the adopted son of Nrusingbo Charan Mahanty, the deceased uncle of pltf 2 of pltf. 2. He alleged that Nrusingho Oharan Mohanty had married Pramila Sundari the sister of Gyanendraca h in 1921; that on account of this relationship pltf. S was looking upon Babu Lakshmimdhar Mohanty, the natural father of deft. 1 as 'Murabi' & that Lakshtnidhar Babu had a commanding influence over pltf. a. It was further alleged that pltf. 2, Bhagati Chacan, was subject to a sort of sentimental weakness and weakness of mind in the presence of deft. 1's sister the widow of Nrusirgho Charan. It is said that taking advantage of his dominating position, Lakahmidhar Babu induced pltf. 2 to execute certain documents;, purporting to admit the adoption of deft. 1 by Nru. singho, that there had, in fact, been no such adoption, & that consequently those documents were. void. The pltf. accordingly claimed a declaration that the alleged adoption of deft. 1 by Nrusinghon Charan is not true. The case of deft. 1, on the other hand, is that there had, in fact, been a regular adoption by Nrusingho Charan on IS 7-1934, followed by the due observance of all the necessary rites & ceremonies, in the presence in the presence of pltf. 2 at the house of Babu Lakshmidhar Mohanty & that he (deft. 1) performed the funeral & Sradh ceremonies of Nru. singho Charan, that the documents speaking to the adoption having taken place were genuine & narrated what actually took place & were not brought,, about, as alleged by the pltf., at the instance of his natural father due to his dominating position. Pltf. 2, Bhagat Oharan Mohanty, filed a lengthy statement denying the adoption & alleged that in a weak moment he agreed to set apart some property in the name of deft. 1 Gyanendranath so that his sister, the widow of Nrusingho, may live. in comfort with hen brother.

(3.) The main issue on which the decision of the suit rested was issue 7: "Is deft, the duly adopted eon of the late Nrusingho Charan Mohanty?" Another issue of no less importance but which appears to have been raised only incidentally, was issue 6: "Were the pltfs., members of a joint Mitakshara family with the daft, or with the late Nrueingho Charan?"