2016 (3) AJR 798 ::(2016) 3 JCR 637 (JHA) ::(2016) 3 JLJR 691 ::(2016) 168 AllIndCas 450 (JHA)

Jharkhand High Court

Hon'ble Judge(s): Shree Chandrashekhar , J

(A) Specific Relief Act (47 of 1963) S. 34 — Limitation Act (36 of 1963), Art 57 — Suit for declaration — Limitation — Plaintiff seeking declaration that adoption deed is not valid — Period of limitation for filing a suit under Section 57 of the Limitation Act is 3 years only — Trial court thus, has rightly held the suit to be barred by limitation — In any case, suit was not maintainable in view of Section 258 of the CNT Act which bars institution of a suit in the Civil Court in certain cases Chotanagpur Tenancy Act (6 of 1908), S 258

(B) Specific Relief Act (47 of 1963) S. 34 — Suit for declaration — Plaintiff seeking declaration that adoption is not valid since ' M— was an illiterate person from whom the defendant No 2 deceitfully got the adoption deed executed on 25 7 1966 — A registered deed of adoption carries sanctity — First Appellate Court erroneously ignored the registered adoption-deed by merely observing that there is no evidence on record that ' M— had executed adoption-deed voluntarily with full knowledge of contents thereof — Plaintiffs failed to disprove the registered deed of adoption — First Appellate Court ought not?  to have relied on the memorandum of adoption allegedly prepared on 10 2 1942 — Finding of trial court on issue of adoption therefore restored ? Hindu Adoptions and Maintenance Act (78 of 1956), S 6 (Paras 14, 15)