1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 320 OF 2004 WITH CIVIL APPLICATION NO. 307 OF 2004 Balu Bharmu Wani........Appellant versus Balasaheb Dattu Patil & ors........ Respondents. Mr. N.J.Patil adv. for the Appellant Mr. P.S. Dani adv. for the respondents 1 to 3 & 5. CORAM: RANJIT V. MORE, J. DATED : 15th DECEMBER,2008. P.C.: 1. Heard Mr. Patil learned counsel for the appellant and Mr. Dani for the respondents. The appellant is the original defendant and the respondent is the original plaintiff. The respondent's/plaintiff's suit for specific performance of an agreement dated 7-10-1986 was decreed by the trial court which decree is confirmed by the lower appellate court. Both the lower courts below recorded affirmative finding that the respondent/plaintiff was and is ready and willing to perform their part of contract. The above findings are recorded after appreciating the evidence on record. The appreciation cannot be said to be perverse. 2 3. Mr. Patil learned counsel for the appellant submitted that the trial court had no pecuniary jurisdiction to entertain the suit and the suit is hit by non-joinder of necessary party. So far as the objection of pecuniary jurisdiction is concerned, the same was taken for the first time before the lower appellate court. Be that as it may, in view of the provisions of section 24 of CPC, the lower appellate court held that the trial court had jurisdiction to deal with the suit. I do not find any error in that finding. 4. The objection regarding non joinder of necessary party also, in my opinion, has no merit. One of the son of the original purchaser went in adoption. The adoption severes the relations of the son who went in adoption with genetic parents. Therefore in my opoinion, he is not a necessary party. Both the lower courts below have approached the matter from correct point of view. No question of law much less substantial question of law is involved in this second appeal. Second aappeal is accordingly dismissed. 7. In view of the dismissal of second appeal, civil application does not survive and the same is also dismissed. (R. V. More, J.)