IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.838 of 2011 BIRENDRA SINGH . Versus ARJUN SINGH & ORS . ----------- 14. 10.05.2011 Heard learned counsel for the petitioner and for the respondent no.6. Title Suit No. 50 of 1986 was filed by the now deceased Jaggi Singh as plaintiff. The controversy arises in context of his substitution claimed by the petitioner as the adopted son denied by respondent no.6 claiming to be an agnate of the deceased. The impugned order dated 4.6.2007 rejects the prayer of the petitioner for substitution allowing it in favour of respondent no.6. The Court has heard counsel for the parties and considered the impugned order. Exhibit 3(a) was the deposition of Shanti Devi, wife of respondent no.6, acknowledging in her cross- examination that Jaggi Singh had adopted the petitioner. Exhibit 3(b) was the deposition of the original plaintiff in the suit confirming adoption of the petitioner when he was two years old. Respondent no.-6 took the stand that these depositions were made in a criminal case and the effect thereof was to be decided during the trial itself. This stand of respondent no.-6 satisfies the Court that there has been no proper consideration of the 2 claim of the petitioner to be the adopted son of Jaggi Singh. It is not in controversy between the parties that Jaggi Singh died issueless. The claim to be an adopted son is one aspect of the matter and proof of adoption is another aspect of the matter, which shall necessarily have to be the subject matter of the trial itself and the petitioner perhaps cannot be shut out altogether at this initial stage in the manner done. The impugned order dated 4.6.2007 is accordingly set aside and the matter is remanded to the trial court for re-determination afresh in accordance with law on basis of materials already available on the record. The application is allowed. P.K. (Navin Sinha, J.)