Dismissed

Bhaiya Singh Dead Through Lrs v. Smt. Asadhinbai Dead Through Lrs

Chhattisgarh HC16 Apr 2018REVP/103/2017

Case brief

AI extract

What is this about?

Review Petition against an order in a Second Appeal regarding the adoption of Darel Singh by Shobhrai was dismissed at the admission stage. The Court held the evidence established the adoption fact clearly, found no infirmity in the impugned order, and noted no clerical or arithmetical errors existed.

What did the court decide?

Review Petition No. 103 of 2017 dismissed as devoid of merits; no order as to costs.

Bhaiya Singh Dead Through Lrs Vs Smt. Asadhinbai Dead Through Lrs — Chhattisgarh HC (2018) — LawSathi Research

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

Review Petition No. 103 of 2017

¶5

Bhaiya Singh (Dead), Through Lrs R/o Village Gadhdongri, Tehsil Nagri, Previously Dhamtari, District Dhamtari M.P. Now Chhattisgarh.

¶6

1.1 - Mukund Singh, S/o Bhaiya Singh, Aged About 55 Years, R/o Village Gadhdongri, Tehsil Nagri, Previously Dhamtari, District Dhamtari, Madhya Pradesh, Now Chhattisgarh. 1.2 – Vishnu, S/o Bhaiya Singh, Aged About 40 Years, R/o Village Gadhdongri, Tehsil Nagri, Previously Dhamtari, District Dhamtari, Madhya Pradesh, Now Chhattisgarh. 1.3 - Krishan Kumar, S/o Bhaiya Singh, Aged About 45 Years, R/o Village Gadhdongri, Tehsil Nagri, Previously Dhamtari, District Dhamtari, Madhya Pradesh, Now Chhattisgarh.

¶7

Lakhan Lal, S/o Late Kosuram, Aged About 28 Years, R/o Village Gadhdongri, Tehsil Nagri, Previously Dhamtari, District Dhamtari, M.P. Now Chhattisgarh.

¶8

Ratanlal, S/o Late Kosuram, Aged About 26 Years, R/o Village Gadhdongri, Tehsil Nagri, Previously Dhamtari, District Dhamtari M.P. Now Chhattisgarh.

¶9

Deleted Punaram.

¶10

Smt. Ratnibai, D/o Late Kosuram, Aged About 32 Years, R/o Village Gadhdongri, Tehsil Nagri, Previously Dhamtari, District Dhamtari M.P. Now Chhattisgarh.

¶11

Deleted Satanbai.

¶12

Smt. Kuleshwar Bai, Wd/o Late Kosuram, Aged About 60 Years, R/o Village Gadhdongri, Tehsil Nagri, Previously Dhamtari, District Dhamtari M.P. Now Chhattisgarh.

¶13

Hariram Dead Through Lrs 8.1 – Gokul, S/o Hariram, Aged About 55 Years, R/o Village Gadhdongi, Tehsil Nagri, Previously Dhamtari, District Dhamtari, Madhya Pradesh Now Chhattisgarh. 8.2 – Samaru, S/o Hariram, Aged About 40 Years, R/o Village Gadhdongi, Tehsil Nagri, Previously Dhamtari, District Dhamtari, Madhya Pradesh Now Chhattisgarh. 8.3 – Somnath, S/o Hariram Aged, About 35 Years, R/o Village Gadhdongi, Tehsil Nagri, Previously Dhamtari. District Dhamtari Madhya Pradesh Now Chhattisgarh.

¶14

Chandra Kumar, S/o Late Moti Singh, Aged About 25 Years, R/o Village Gadhdongri, Tehsil Nagri, Previously Dhamtari, District Dhamtari M.P. Now Chhattisgarh.

¶15

10.Smt. Parwatibai, D/o Late Motisingh, Aged About 50 Years, R/o Village Baspani, Tahsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶16

Smt. Sahabati Bai, D/o Motisingh, Aged About 40 Years, R/o Village Gadhdongri, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶17

¶18

12.Smt. Kamlabai. Wd/o Late Motisingh, Aged About 55 Years, R/o Village Gadhdongri, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶19

13.Baijnath Dead Through Lrs 13.1 – Gajanand, S/o Late Baijnath, Aged About 40 Years, R/o Village Gadhdongri, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶20

13.2 – Bihari, S/o Late Baijnath, Aged About 32 Years, R/o Village Gadhdongri, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶21

13.3 – Domar, S/o Late Baijnath, Aged About 35 Years, R/o Village Gadhdongri, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶22

14.Smt. Mangtibai @ Manglibai, D/o Sitaram, Aged About 55 Years, R/o Village Duklipara, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶23

15.Deleted Smt. Dasodabai

¶24

16.Dharam Singh Dead Through Lrs 16.1 – Chandarmal, S/o Late Dharam Singh, Aged About 40 Years, R/o Village Gadhdongri, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh. 16.2 - Narottam Singh, S/o Late Dharam Singh, Aged About 30 Years, R/o Village Gadhdongri, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶25

17.Kunjal Singh Dead Through Lrs 17.1 - Nihal Singh, S/o Kunjal Singh, Aged About 19 Years, R/o Village Gadhdongri, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶26

18.A Surendra, S/o Tiharu, Aged About 45 Years, R/o Village Kahwabahra, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶27

18.1 - Deleted Sohan 18.2 – Ghasiya, S/o Tiharu, Aged About 38 Years, R/o Village Kahwabahra, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶28

18.3 – Durga, S/o Tiharu, Aged About 35 Years, R/o Village Kahwabahra, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶29

19.Smt. Douna Bai, D/o Siriram, Aged About 53 Years, R/o Village Kotela, Tehsil And District Kanker, M.P. Now Chhattisgarh.

¶30

20.Smt. Satobai, D/o Late Siriram, Aged About 32 Years, R/o Village Gadhdongri, Tehsil Nagri, District Dhamtari, M.P. Now Chhattisgarh.

¶31

21.Deleted Smt. Aghantinbai ...............Defendants

¶32

---- Petitioners

¶33

Versus

¶34

Smt. Asadhinbai Dead Through Lrs 1.1 – Bairagi, S/o Late Sukhram Aged About 60 Years, R/o Village Gadhdongri, Tehsil Nagri, District Dhamtari, Madhya Pradesh, Now Chhattisgarh. 1.2 - Kawal Singh, S/o Late Sukhram, Aged About 65 Years, R/o

¶35

¶36

Village Gadhdongri, Tehsil Nagri, District Dhamtari, Madhya Pradesh, Now Chhattisgarh.

¶37

Deleted Smt. Chamarin Bai

¶38

Smt. Ghurainbai Dead Through Lrs 3.1 - Chaiti Bai, W/o Late Jaitram, Aged About 45 Years 3.2 – Ramgulal, S/o Late Jaitram, Aged About 20 Years 3.3 - Gajanand, S/o Late Jaitram, Aged About 18 Years

¶39

State Of Madhya Pradesh (Now Chhattisgarh), Through The Collector, Dhamtari, District Dhamtari (M.P.) Now Chhattisgarh.

¶40

---- Respondents

¶41

For Petitioners For Respondents

¶42

: Shri H.V. Sharma, Advocate. : None.

¶43

Hon'ble Shri Justice Sanjay Agrawal

¶44

Order On Board

¶45

16.04.2018

¶46

Heard on I.A. No.01, an application for condonation of delay in filing this petition.

¶47

On due consideration, the same is allowed and the delay in filing this petition is condoned.

¶48

Also heard on admission.

¶49

This Review Petition has been preferred by the defendants under Order 47 Rule 1 read with Section 114 of Code of Civil Procedure, 1908 (for short 'the CPC') against the order dated 10/07/2017 passed in Second Appeal No.637/2000.

¶50

Shri H.V. Sharma, learned counsel for the defendants/applicants submits that Darel Singh was not adopted by Shobhrai and Defendant No.2 Raghubar Singh has not accepted the said fact in his evidence as observed while passing the order impugned. The order impugned is, therefore, liable to be reviewed.

¶51

¶52

I have heard learned counsel for the applicants and perused the entire record once again carefully.

¶53

From perusal of entire evidence, particularly, the statement of Asadhin Bai and Ram Dayal, who were examined as Plaintiff witnesses 1 & 2 respectively, it is clear that Darel Singh, the son of Kathlu was adopted by Shobhrai and this material piece of evidence could not be rebutted in their cross-examination.

¶54

Upon due consideration of the evidence adduced in this regard, the Courts below have come to the conclusion that the said Darel Singh was duly adopted by Shobhrai. As a consequence of it, I do not find any infirmity in the order impugned.

¶55

Besides, there is no clerical or arithmetical mistake in the order impugned dated 10/07/2017 so as to call for any interference by this Court in its review jurisdiction.

¶56

Accordingly, the review petition being devoid of merits is hereby dismissed at admission stage itself. No order as to costs.

¶57

Sd/-

¶58

( Sanjay Agrawal ) Judge

¶59

Deepti Jha

Bhaiya Singh Dead Through Lrs v. Smt. Asadhinbai Dead Through Lrs

Case brief

What is this about?

What did the court decide?

Bhaiya Singh Dead Through Lrs v. Smt. Asadhinbai Dead Through Lrs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Satyadeo Mishra Vs Shri L.S. Soam

Digeshwar Das Vs Jitendra Das

Ram Sharan Vs Shatruhan

Lakhan Lal Sahu Vs the State of Chhattisgarh

Girish Kumar Sahu Vs Ku Aarti Yadeo and Another

Ku. Rituraj Verma Vs State of Chhattisgarh