RAJGOPAL (DEAD) BY LRS. versus KISHAN GOPAL AND ANR.

RAJGOPAL (DEAD) BY LRS. versus KISHAN GOPAL AND ANR.

The first appellate court's finding that there was no agreement between the natural and adoptive fathers for 'Dwyamushyayana' form of adoption is a pure finding of fact and could not be interfered with by the High Court in second appeal under Section 100 of CPC; additionally, there was no pleading on this issue, so courts should not have decided it.

Parties
Appellant: Rajgopal (Dead) By LRs.; Respondent: Kishan Gopal; Respondent: Srinivas
Jurisdiction
India
Judgment Date
16 September 2003
Procedural Posture
Civil Appeal / Final Judgment After Appeals From High Court Decision
Outcome
Appeals allowed; High Court judgment and decree set aside; First appellate court judgment and decree restored.
Legal Topics
Adoption Under Hindu Law, Dwyamushyayana Form of Adoption, Inheritance, Jurisdiction on Appellate Remand, Limitation
Family Law Civil Procedure Adoption Under Hindu Law Dwyamushyayana Form of Adoption Inheritance Jurisdiction on Appellate Remand Limitation

Case Brief

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Parties

Rajgopal (Dead) By LRs.

Appellant

Kishan Gopal

Respondent

Srinivas

Respondent

Procedural Posture

Civil Appeal / Final Judgment After Appeals From High Court Decision

Legal Issues

  1. 1 Whether the adoption was in 'Dwyamushyayana' form or ordinary form
  2. 2 Whether the High Court was justified in interfering with the finding of fact on adoption by first appellate court
  3. 3 Whether the suit was barred by limitation

Ratio Decidendi

The first appellate court's finding that there was no agreement between the natural and adoptive fathers for 'Dwyamushyayana' form of adoption is a pure finding of fact and could not be interfered with by the High Court in second appeal under Section 100 of CPC; additionally, there was no pleading on this issue, so courts should not have decided it.

Court Disposition

Appeals allowed; High Court judgment and decree set aside; First appellate court judgment and decree restored.

Orders

  • Judgment and decree of High Court set aside.
  • Judgment and decree of first appellate court restored.