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'A' alleging that he is the adopted son of 'X', sues 'B' to recover certain property granted to him by…

A obtains the property under the deed, so the decree in his favour does not depend on proving adoption. The contrary finding on adoption is therefore not the necessary basis…

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'A' alleging that he is the adopted son of 'X', sues 'B' to recover certain property granted to him by 'X', under a deed and forming part of 'X's estate. The Court finds that 'A' is not the adopted son of 'X', but he is entitled to the property under the deed and a decree is passed for 'A'. The finding that 'A' is not the adopted son of 'X':

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Correct answer A

A obtains the property under the deed, so the decree in his favour does not depend on proving adoption. The contrary finding on adoption is therefore not the necessary basis of the decree and does not operate as res judicata against him in later litigation over that status. A successful party is not ordinarily required to appeal a favourable decree merely to challenge an unnecessary adverse finding.

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