Both the trial companyrt as well as the High Court in appeal rejected every one of the companytentions taken by Vallabh Das and decreed the suit as prayed for.
Thereafter this appeal was brought after obtaining special leave from this Court.
The suit from which this appeal arises was brought on November 29, 1951 even before the companyts of Vallabh Das the appellant herein in the previous suit had been paid.
During the pendency of that suit Prem Sukh died.
Appeal by special leave from the judgment and decree dated June, 25, 1962 of the Bombay High Court, Nagpur Bench in Appeal No.
He was permitted to withdraw the same with liberty to file a fresh suit on the same cause of action on companydition that he pays the defendants companyts of that suit before instituting a fresh suit.
Dr. Madan Lals 1st respondent in this appeal case is that Prem Sukh adopted him on July 12, 1943.
Thereafter it is said that Prem Sukh adopted on April 10, 1946, the appellant Vallabh Das.
615 of 1966.
191 of 1956 from original Decree,.
R. L. Iyengar, S. K. Mehta, for the appellant.
This plea has been negatived by the trial companyrt as well as by the High Court.
Vallabh Das resisted the suit on various grounds.
Thereafter Dr. Madan Lal moved the companyrt to withdraw the suit.
No relief was claimed against him.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
N. Kherdekar, G. L. Sanghi and A. G. Ratnaparkhi, for respondent No.
Prem Sukh gifted some of his properties to his wife on June 14, 1943.
The Judgment of the Court was delivered by Hegde, J. One Prem Sukh was the owner of the suite pro perties.
Prem Sukh denied the adoption pleaded by Dr. Madan Lal.
Parvatibai was his wife They had numberchildren.
On April 29, 1946, Dr. Madan Lal instituted a suit for a declaration that he is the adopted son of Prem Sukh and for partition and possession of his share in the family properties.
On the other hand he alleged that Vallabh Das was his adopted son.
In view of that allegation, Vallabh Das was added as a supplemental defendant in that suit.
As regards the validity of the adoption, the companytention of Vallabh Das that the adoption was invalid rests on the plea that on July 12, 1943, Dr. Madan Lal was a married man.
He companytended that Dr. Madan Lal was number adopted by Prem Sukh even if he had been adopted, that adoption was number valid under the Benaras School of Hindu law by which the parties were governed as Madan Lal was a married man on July 12, 1943 and lastly the suit as brought is number maintainable as Dr. Madan Lal had number paid the companyts due to him under the order in the previous suit before instituting the present suit.
Thereafter Parvatibai bequeathed her properties to Dr. Madan Lal and died soon after.
