Pawan Kumar vs Ms Poonam on 8 May, 2024
11. In the preliminary objections, defendants stated that, the present
suit not maintainable as the plaintiff has concealed material facts. It is further
stated that, the present suit is hit by provisions of Hindu Succession Act
whereby the adopted child of deceased is barred from claiming the inherited
CS DJ ADJ 935/19 Pawan Kumar Vs. Poonam & Anr. Pg. No. 7 of 20
rights of his biological parents. It is further stated that, since the plaintiff had
denied the factum of the status of the dDefendant No.1 but had not placed
any documents to press or contend the locus of defendant no.1 hence the
plaint itself suffers from the concealment of facts, as such the suit deserved to
be dismissed. It is further stated that, the plaintiff has failed to project, his
legal right, title or interest in the suit property hence the present suit is liable
to be dismissed. In his para-wise reply, defendants have denied all the
contents of the plaint.