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Prasann Chandra Pincha vs. Kanchan Devi & Ors.

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Code of Civil Procedure, 1908–Order 14, Rule 5–Framing of the additional issue as to whether P is the adopted son of K–Justification–Civil suit for declaration and injunction–Main relief sought by the plaintiff was the challenge to Will–If the defendant wants to question the adoption of plaintiff no. 1, he should file the separate suit–Issue framed in regard to adoption will change the nature of suit which is not permissible in law–Held, the impugned issue is liable to be quashed and set aside.