The Trial Court recorded the evidence led by the parties and returned the findings on 25.4.75 deciding amended issue number4 against the plaintiff, and holding that he was number the adopted son of Bala Bux.
During the pendency of the appeals the appellant Kashi Nath had died and his legal heirs were impleaded.
During pendency of the appeal in the High Court, defendant respondent number1 Narain died and as his legal representatives were already on record his name was deleted.
The Additional District Judge after hearing the parties companyfirmed the said findings of the Trial Court and ultimately accepted the appeal and dismissed the suit of the plaintiff by judgment dated 9.12.75.
Plaintiff filed an appeal before the High Court which was registered as SB Civil Second Appeal No.
The claim is intricately linked with functioning as a Pujari in the temple of Thakurji Shri Gopalji in the Jaipur City.
The other appeal is an offshoot of the other.
149/69.
The amended issue reads as follows Whether there was ceremony of giving and taking at the time of alleged adoption of the plaintiff to Bala Bux and whether the plaintiff is a legally and validly adopted son of the Bala Bux?
The learned Single Judge who heard the appeal set aside the First Appellant Courts judgment dated 6.3.1969 and remitted the matter back to the said Court with direction that an amended issue number4 was to be framed and the parties were to be granted opportunity to lead evidence on the amended issue.
Another defendant respondent named Smt.
Stand of the appellant before the High Court was that the approach of the Trial Court and the First Appellate Court was erroneous in view of several judgments orders passed in different proceedings.
Defendants preferred appeal and the learned District Judge, Jaipur City, set aside the judgment of the Trial Court by judgment dated 3.6.1969 dismissing the plaintiffs suit.
Thereafter a second appeal was filed before the High Court.
The Trial Court framed issues and after recording evidence decreed the plaintiffs suit by judgment dated 30.5.1964.
14360 of 1998.
With CIVIL APPEAL No.8596/2003 Arising Out of S.L.P. C No.
Both the appeals being interlinked are disposed of together.
Dekha wife of Kalyan Sahai also died during the pendency of the appeal and her legal representatives were also on record, therefore, her name was also deleted from array of respondents.
The litigation started several decades back relating to the present companytroversy as to adoption.
The claim was resisted by the defendants on a number of grounds, one of which was that the plaintiff was number the adopted son of Bala Bux.
6974 of 1996 has been filed.
The First Appellate Court sent the matter to the Trial Court for recording evidence on the additional issue and also to remit its findings.
Nangi having been rejected by the Trial Court Court of sub Judge, Jaipur City , First Appellate Court Additional District Judge, Jaipur City and the Rajasthan High Court by the impugned judgment in second appeal, the appeal CA No.
There have been series of other litigations which are intimately linked with that basic issue also.
14360 of 1998 ARIJIT PASAYAT, J. Leave granted in S.L.P. C No.
Kashi Nath, the original appellants claim of being the adopted son of Bala Bux and Smt.
