said adoption, since a void adoption is
as good as no adoption.
9. According to the respondent/plaintiff, she could ignore the said
adoption ... consideration thus boils down to,
whether for having an adoption declared as null and void, and
for cancellation thereof, a suit or other proceeding
consideration thus boils down to, whether for having
an adoption declared as null and void, and for cancellation thereof, a suit or
other proceeding ... Limitation Act, 1963 , institute a suit to have the adoption deed
declared null and void and the plaintiff cannot in this suit for partition prove
prove their
case. It was concluded that adoption of Hari Singh by Gokal was declared
null and void by the Court of competent jurisdiction. Consequently ... maternal uncle Gokal vide registered
adoption deed but the same was declared illegal, null and void vide
judgments and decrees
essential to the validity of an
adoption."
Thus, as per the provisions of Section 11(vi) , an adoption to
be valid, there must ... with any of the above said
requirements will render the adoption null and
void. This Section is mandatory in nature. The
requirements are cumulative
favour and
against the defendants declaring the aforesaid registered
adoption deed as null and void. Hence, the present suit is
filed before the Court. This ... decree in his
favour for declaring the registered Adoption Deed dated
14.02.1985 as null and void, as prayed?(OPP).
(ii) Relief.
6. After framing
upon the
plaintiff for getting adoption deed dated 31.3.98 executed. The defendants
claimed that the plaintiff had signed the adoption deed and the
endorsement ... parties, following issues were
framed:
1. Whether adoption deed dated 31.3.98 is illegal, null and void
inoperative and ineffective document? OPP
2. Whether plaintiff
namely, Kajal Kumar Goswami bearing
Adoption deed no. 21 dated 24.01.1986, be declared as null and void and
be cancelled. The plaintiffs submitted that plaintiff ... claimed that
Nilkantha Goswami has adopted him, but the said adoption is bad in law
and by virtue of the said adoption, defendant
assigning any
reason. Thereafter, on the declaration of the adoption deed as illegal, null
and void vide judgment dated 24.11.2015 (Annexure P-3), the petitioner
reference to
3
additional relief of declaration that the adoption deed is
null and void and alternative relief of partition.
2. The Court below
case (supra). This Court had held that since adoption deed had
already been declared null and void by virtue of an ex-parte decree
