THAKUR BRIJ RAJ SINGH AND ANOTHER vs THAKUR LAXMAN SINGH AND ANOTHER

The Supreme Court held that under Section 23 of the Ajmer Land and Revenue Regulation, 1877, an adoption by a widow requires confirmation by the Central Government to be valid, but such confirmation does not preclude civil courts from examining the legality of the adoption. The Court ruled that a suit challenging the validity of the adoption is maintainable despite the confirmation, as the confirmation does not imply an ouster of jurisdiction for civil courts to assess the facts. The dissenting opinion argued that the confirmation involves a determination of the widow's power to adopt and the fact of adoption, thus barring the suit under Section 119 of the Regulation.