New Evidence Emerges as School Admission Register Traces Age of Bajranglal Modi, Affecting Adoption Validity
In a significant development, the Gauhati High Court has allowed a review petition in a longstanding family land dispute case involving the late Bajranglal Modi and his legal heirs. The decision, delivered by Justice Mridul Kumar Kalita, vacates the earlier judgment passed in the Regular Second Appeal (RSA) No. 73/2013 and reinstates the appeal for reconsideration, citing the discovery of new and crucial evidence.
The case centers around a plot of land in Titabor Town, Jorhat, where Bajranglal Modi, claiming to be the adopted son of late Meghraj Modi, sought a declaration, eviction, and recovery of possession. The crux of the dispute was the validity of Bajranglal Modi's adoption, which was challenged by the respondents, natural sons of Sundarlal Modi, Bajranglal's biological father.
The pivotal issue was the age of Bajranglal Modi at the time of adoption. According to the Hindu Adoption and Maintenance Act, 1956, an adoptee must be below 15 years of age for the adoption to be valid. However, conflicting evidence about Bajranglal Modi's age had previously led to the dismissal of his claim in the RSA No. 73/2013.
The review petition was filed after the discovery of Bajranglal Modi's school admission register from Titabor Town Government Junior Basic School, Jorhat, which indicates that he was only 5 years old at the time of his primary school admission in 1962. This evidence directly impacts the earlier judgment's findings and suggests that the adoption might have been valid under the law.
Justice Kalita, while allowing the review petition, emphasized the importance of the newly found evidence, which was not available during the original trial due to circumstances beyond the petitioner's control. The court has directed that the Regular Second Appeal be restored to allow the introduction of this additional evidence, with the potential for the case to be remanded back to the First Appellate Court for further proceedings.
The court also left open the issue of whether the consent of Bajranglal Modi's natural mother was obtained for the adoption, a question that was not addressed in the previous judgment.
The Gauhati High Court's decision marks a crucial turn in the legal battle, offering a fresh opportunity for Bajranglal Modi's legal heirs to substantiate their claims with the newly discovered evidence.
Bottom line:-
Review of judgment - Discovery of new and important matter or evidence - School admission register traced out after judgment having a direct bearing on the age of the review petitioner at the time of adoption - Valid ground for review under Section 114 and Order 47, Rule 1 of the Code of Civil Procedure, 1908.
Statutory provision(s): Section 114, Order 47 Rule 1, Order 41 Rule 27 of the Code of Civil Procedure, 1908; Section 9 of the Hindu Adoptions and Maintenance Act, 1956
On The Death of Bajranglal Modi v. Sri. Raj Kumar Modi, (Gauhati) : Law Finder Doc id # 2893582
