CHHABIL DAS versus PAPPU

CHHABIL DAS versus PAPPU

The order substituting Pappu as the legal representative under Order XXII, Rule 5 CPC was not challenged and attained finality; therefore, the legality of his adoption cannot be reopened in second appeal or before the Supreme Court.

Parties
Appellant: Chhabildas; Respondent No. 1: Pappu
Jurisdiction
India
Judgment Date
31 October 2006
Procedural Posture
Civil Appeal / Final Decision
Outcome
Appeal dismissed
Legal Topics
Substitution of Parties, Legal Representation, Adoption Under Hindu Law, Res Judicata
Civil Procedure Family Law Substitution of Parties Legal Representation Adoption Under Hindu Law Res Judicata

Case Brief

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Parties

Chhabildas

Appellant

Pappu

Respondent No. 1

Procedural Posture

Civil Appeal / Final Decision

Legal Issues

  1. 1 Whether the order substituting the adopted son as legal heir can be challenged in second appeal or before the Supreme Court
  2. 2 Whether legality of adoption can be reopened after substitution order has attained finality

Ratio Decidendi

The order substituting Pappu as the legal representative under Order XXII, Rule 5 CPC was not challenged and attained finality; therefore, the legality of his adoption cannot be reopened in second appeal or before the Supreme Court.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No costs awarded