KASHI NATH (DEAD) THROUGH LRS. versus JAGANATH

KASHI NATH (DEAD) THROUGH LRS. versus JAGANATH

The High Court correctly held that the plaintiff's pleadings were at variance with the evidence and the evidence was in virtual self-contradiction; such evidence could not be relied upon and, as adoption is a question of fact dependent on appreciation of evidence, the concurrent findings of the courts below rejecting the adoption claim should not be disturbed.

Parties
Appellant: KASHI NATH (DEAD) THROUGH LRS.; Respondent: JAGANATH
Jurisdiction
India
Judgment Date
05 November 2003
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From Judgment of the Rajasthan High Court (second Appeal)
Outcome
Appeals dismissed
Legal Topics
Adoption, Validity of Adoption, Evidence, Pleadings Vs Evidence
Hindu Law Adoption Validity of Adoption Evidence Pleadings Vs Evidence

Case Brief

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Parties

KASHI NATH (DEAD) THROUGH LRS.

Appellant

JAGANATH

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From Judgment of the Rajasthan High Court (second Appeal)

Legal Issues

  1. 1 Whether the appellant was a validly adopted son of Bala Bux and entitled to manage the temple
  2. 2 Whether evidence could be relied upon where it was at variance with pleadings and in virtual self-contradiction
  3. 3 Whether the High Court was justified in dismissing the second appeal on facts

Ratio Decidendi

The High Court correctly held that the plaintiff's pleadings were at variance with the evidence and the evidence was in virtual self-contradiction; such evidence could not be relied upon and, as adoption is a question of fact dependent on appreciation of evidence, the concurrent findings of the courts below rejecting the adoption claim should not be disturbed.

Court Disposition

Appeals dismissed

Orders

  • Civil Appeal No. 6974 of 1996 dismissed
  • Connected appeal dismissed