1 S.B.Civil Second Appeal No.342/2007 Anopa Ram vs Vipin Chandra & Ors. DATE OF ORDER : -11.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr. SS Parihar, for the appellant. <><><> A suit for cancellation of sale deed was filed by the two plaintiffs Mst. Dhani and his alleged adopted son Shri Anopa Ram. The plaintiffs' suit was dismissed by the trial court vide judgment and decree dated 6th Sept., 2003. An appeal was preferred by both the plaintiffs Mst. Dhani and Anopa Ram. During the pendency of the appeal Mst. Dhani died and the co-appellant-plaintiff submitted an application for being impleaded as party as legal representative of Mst. Dhani. The appellate court on objection raised by the defendants framed a issue about the fact whether the appellant Anopa Ram is adopted son of plaintiff Mst. Dhani. After evidence, the finding has been recorded that the plaintiff no.2 Anopa Ram failed to prove his adoption by Mst. Dhani. Learned counsel for the appellant submitted that Mst. Dhani herself filed the suit impleading the appellant Anopa Ram as co-plaintiff and in view of the said admission of Mst. Dhani, the adoption is proved. 2 I perused the reasons given by the appellate court in its order dated 3.1.2006. The appellate court clearly held that the plaintiff-appellant failed to prove by producing any evidence about the necessary rights of the adoption by which there can be a valid adoption. Simply because Mst. Dhani has filed the suit impleading the appellant Anopa Ram as plaintiff by describing him as son of her husband itself is not sufficient proof of valid adoption and I do not find any illegality in the impugned order. In view of the above, I find no merit in this appeal and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.Goyal/-