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10. The next question considered by the trial court was whether the appellant was in fact adopted on September 24, 1951. Considerable evidence was led on both sides to show the physical and mental condition of Premwati on that day, it being the case of the appellant that she was in tit condition to effect the adoption while the case of the contesting respondents was that her condition was so serious that it forbade any such possibility. There is no doubt that her condition was not good, having suffered deterioration during the preceding four days. The appellant produced a number of witnesses to prove that as she had grown very weak she requested that the adoption take place that very day and that she was able to participate in the ceremony of adoption. The contesting respondents on the other hand, led evidence to show that she had slipped into a "cyanosed state" and was totally incapable of any physical and mental activity. The trial court devoted detailed attention to the issue and carefully sifted the evidence adduced in support of the allegation that Premwati was unable to speak and "completely cyanosed" on September 24, 1951, and after weighing it in the light of incontrovertible or admitted fact it found the allegation untrue. In the first place, it observed that the written statement filed by Narsinghdas did not describe her specifically as being "cyanosed". It found that the evidence of Dr. Choubey, who deposed that Premwati was unable to respond, could not be believed, nor was it possible to rely on the nurse Rachel, whose name was not mentioned in the original list of fifty six witnesses filed by Narsinghdas, and who stated that she had been told by Dr. Choubey that Premwati was in an unconscious state. The entire case set up in evidence was completely demolished by the undisputed fact that Premwati had indeed signed the adoption deed on September 24, 1951. Much capital was made by the contesting respondents of the fact that the appellant had not examined Gopinath Vaidya to establish the condition of Premwati's health and the fact of adoption on September 24, 1951, but the trial court, in the course of its judgment, has referred in some detail to the appellant's efforts to have the evidence of that witness recorded. At the appellant's instance a commission had been issued at Hathras for the examination of Ramsarandas and Gopinath Vaidya. On June 22, 1960 both witnesses were present before the Commissioner at Hathras, but the Commissioner took an unexpectedly long time in examining Ramsarandas on that day, and on the next day, to which he had deferred the examination of Gopinath Vaidya, he left town suddenly to see his sick son. The appellant, the trial court pointed out, sought to examine the witness on a subsequent date in court at Jabalpur, but the witness did not appear.

12. The trial court then considered the matter of the execution of an adoption deed by Jagannathdas and Premwati as evidence of the adoption. It took into account the circumstances in which the document was considered necessary, its execution and attestation, and how it was at first entrusted to Seth Govinddas and then returned to Jagannathdas. It was not disputed that such a document was in fact signed by Jagannathdas and Premwati on September 24, 1951, and the trial court repelled the case of the respondents that Jagannathdas was compelled to sign it without any knowledge of its contents and that Premwati also did so in ignorance of what it set forth. The fact that Jagannathdas was aware of the nature of the document is fully established by his reference to it as an adoption deed when he wrote out the receipt given to Seth Govinddas in envidence of its return. The trial court also noted that Jagannathdas disowned the adoption and the document later only when the circumstance around him changed as his wife approached her end and the over powering influence of Narsinghdas began to take hold over his will.

28. It is urged by the contesting respondents that in the event of the Court holding that the appellant is the adopted son of the Jagannathdas and Premwati he can be found entitled to a half share only in the properties. The submission is based on a recital in the trust deed executed by Jagannathdas that if the adoption deed "is declared valid by the highest court then, today, I express, by this writing, a strong and unequivocal intention to separate at once from the heir by the aforesaid alleged adoption deed and direct the trustees that in that event they shall get the property immediately mind, insisted on the execution of an adoption deed while she was still alive in older to protect the adoption. That her misgivings were not unfounded is evident from the circumstance that shortly after the document had been entrusted to Seth Govinddas, Jagannathdas asked for its return.

29. The High Court has declined to accept the adoption also on the ground that the adoption deed mentioned the performance of a "havan" and other ceremonies when in fact there is no evidence whatever that those ceremonies were performed. It does appear that there is an inconsistency between the case of the appellant and some of the recitals in the adoption deed. The inconsistency has been explained satisfactorily by the trial court. It is apparent that the document was prepared by the lawyer, Jamna Prasad Dubey, containing recitals usual in such a document, and Manmohandas who had entrusted him with the task could have given him only the briefest instructions in regard to its contents. Time was running out fast as Premwati's condition grew progressively worse, and when it was brought before her and read out it was too late to effect a change in some of the recitals, and consequently it was signed as it was by Jagannathdas and Premwati.