Maheshwar Manjhi vs Rakesh Kumar & Ors on 13 December, 2017

IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A.No.277 of 2009
Maheshwar Manjhi ….. Appellant

Versus
Rakesh Kumar Ors. …. Respondents
———

CORAM: HON’BLE MR. JUSTICE ANANT BIJAY SINGH

———

For the Appellant : Mr. R.N.Sahay, Sr. Adv.
For the Respondents : Mr. Manoj Kr. Sah, Adv.

———

15/Dated: 13.12.2017
This appeal will be heard on the following
substantial questions of law:-

1. Whether, the learned Lower Appellate
Court has committed a grave error of law
and has committed on a substantial
question of law that under Section 16 of
the Hindu Adoption and Maintenance
Act, 1956, the registered deed of adoption
Exbt. 3, was rebutable and it was the
defendant/respondent to establish that it
was validly executed?

2. Whether, in view of finding of trial
court that Exbt.3 was itself forged one, the
lower appellate court could have allowed
the appeal without meeting the reasoning
of the trial court?

3. Whether, the lower appellate court has
gravely erred is holding that
plaintiff/appellant was not entitled to bring
by way of additional evidence when the trial
court itself by this order dated 17.01.2009
has allowed the same and by material
omission the public document was not
marked as an Exbt. Before the trial court?

4. Whether, the lower appellate court has
committed a grave error of law in holding
-2-
that Most. Hira, being a widow was entitled
to take on adoption Rakesh Kumar,
defendant no.3 as her son, when Rakesh
Kumar was Gowala, a different caste than
her caste being Chapeta?

Liberty is given to the counsel for the appellant
to formulate other substantial questions of law, if any, at
the time of hearing of this appeal.

Call for the LCR from the court concerned.
Since respondent nos. 1, 2 and 3 have
appeared, no fresh notice is required.

(Anant Bijay Singh, J.)
Fahim/

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