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Madhya Pradesh High Court · body

2015 DIGILAW 1184 (MP)

Garima Dandotiya v. Hemant Kumar Shukla

2015-11-17

ALOK ARADHE

body2015
ORDER 1. In this petition preferred under Article 227 of the Constitution of India, the petitioner has assailed the order dated 18.3.2015 by which the trial Court has rejected the application filed by the petitioner under Order 1 rule 10 of the Code of Civil Procedure. 2. I have considered the submissions made by the learned counsel for the parties and have perused the record. 3. From perusal of the record, it is evidence that the petitioner had filed an application under Order 1 rule 10(2) of CPC, on the ground that she is adopted daughter of deceased-defendant No.1. However, the trial Court has rejected the aforesaid application on the ground that the petitioner has not filed any adoption deed. It is well settled in law that the factum of adoption need not be reduced into writing. Since the plaintiff claims to be adopted daughter of the deceased-defendant No.1, therefore, she appears to be necessary party to the lis in question. 4. Therefore, the impugned order passed by the trial Court suffers from the error apparent on the face of the record. Accordingly, it is quashed. The application under Order 1 rule 10 of CPC. Is allowed. 5. Needless to state that burden to prove the fact that the petitioner is the adopted daughter of the deceased-defendant No.1 will on the petitioner, which shall be discharged by her by leading evidence. 6. With the aforesaid direction, the writ petition stands disposed of.