Achanta Venkatasuryanarayana v. Yellapragadu Shiva Sankara Narayana

The plaintiff sued for a declaration that the adoption was invalid. The District Judge found that the adoption was proved but was made without authority, but that the suit to declare its invalidity was barred as the adoption had come to the knowledge of the plaintiff more than six years before the date of suit. Although the suit was dismissed an appeal has been preferred on behalf of the 2nd defendant, the adopted boy, against the finding that the adoption was invalid for want of authority in the widow. The suit having been dismissed, the 2nd defendant had no right of appeal against the finding. It is suggested in his behalf that it may operate as res judicata against him unless it is set aside. There is in our opinion no foundation for this contention. See the observations of their Lordships of the Judicial Committee in Run Bahadur Singh v. Lucho Koer and also in Parbeti Debi v. Mathura Nath Banerjee. The question dealt with in Ranganatham Chetti v. Lakshmu Ammal does not arise here and it is unnecessary to consider that decision. The appeal is dismissed with costs.

Appeal dismissed.