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Biraji @ Brijraji & Anr. vs. Surya Pratap & Ors. (SC)

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Code of Civil Procedure, 1908–Sec. 151–Rejection of application–Appreciation of–Suit with questioning the adoption deed, executed in favour of defendant no. 1–Appellants sought to summon the service record of father of defendant no. 1–Adoption ceremony was mentioned in the deed and the fact of adoption was in knowledge of appellants on the date of filing the suit–No pleadings in the suit–In absence of pleadings and filing of the application at a belated stage after closing the evidence, it was rightly dismissed–Further, the appellants had filed the application for same relief on earlier occasion–
Interference declined.