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Supreme Court of India 2016-04-26 allowed

Pawan Kumar Pathak vs Mohan Prasad

Bench: 2 — A.K. Sikri

In Brief

A plaintiff claimed to be the sole legal heir of a deceased person and sued for succession rights. The defendant challenged whether the plaintiff was actually the deceased's son. When the plaintiff sought to prove he was an adopted son through a registered adoption deed, the trial court rejected it as not pleaded in the original complaint. The Supreme Court held that once the plaintiff pleaded he was the "son," and the law defines "son" to include adopted sons, no separate plea of adoption was needed. The Court set aside the rejection and allowed the adoption deed to be admitted as evidence at trial, while reserving questions of the deed's genuineness for proof under the Evidence Act.

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Civil Procedure Pleadings Evidence Law Succession Adoption Law Interpretation of Statutes

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