Settlement deed in favour of adopted son - No specific denial made in the written statement - plaintiff is not required to examine one of the attestors - 15th defendant, legal representative of 6th defendant raised contentions which had not been taken by 6th defendant - not permissible

Citation

2017-2-L.W. 659

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 01.12.2016

Pronounced on: 21.02.2017 

S.A.No.387 of 2011 and M.P.Nos.1 & 2 of 2011 and CMP.No.19262 of 2016

T.Ravindran, J.

Neela & others... Appellants

Vs.

Raja @ Rajapan ... Respondent

Hindu law/Adoption, ceremony, proof of, how to be done,C.P.C., 

Order 22, rule 4, fresh plea by legal representative, whether can be taken

Evidence act, Sections 32(5) existence of relationship, 68 proviso, settlement deed, proof of, execution not denied, effect ofAdoption of plaintiff by AN & K whether proved - Settlement deed executed by adoptive father in favour of plaintiff, challenge to

Plea of adoption, proof of, scope

15th defendant, legal representative of 6th defendant raised contentions which had not been taken by 6th defendant, whether permissible - pleas in written statement, effect of Para 12

AN described plaintiff as his 'adopted son', some places described plaintiff as his 'Valarppu mahan', effect of Describing plaintiff as foster son would not lead to conclusion that plaintiff has not been taken in adoption Para 17

Defendants who had filed written statement have no personal knowledge about pleas made by them, not entitled to put fresh pleas other than the pleas taken by their parents before their death Para 19

Settlement deed - No specific denial made in the written statement Section 68, proviso, effect plaintiff is not required to examine one of the attestors to the document for establishing its authenticityPara 2004