DEEPESH MAHESWARI Vs. RENU MAHESWARI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal questions the correctness of the concurrent rejection of an application under Order IX Rule XIII Code of Civil Procedure, 1908 [CPC], filed by the present appellant before the First Civil Judge, Class-I, Shivpuri, Madhya Pradesh in Misc. Case No.08 of 2014 as per order dtd. 14/10/2014 as upheld by the Fourth Additional District Judge, Shivpuri, in Misc. Appeal No.01 of 2018 in terms of order dtd. 10/1/2019, and by the High Court of Madhya Pradesh at Gwalior, in Civil Revision No.376 of 2019 by order dtd. 31/10/2019.

(3.) The respondents No.1 and No. 2, namely Renu and Jyoti Maheswari respectively, had filed an application under Sec. 372 of the Indian Succession Act, 1925 [2] to be able to receive the retiral benefits of their father late Mr. Omprakash Maheshwari, who passed away on 4/4/2011, from Respondent No.3-Madhya Pradesh Central Electricity Distribution Company, where the deceased had superannuated after working as a lineman. It was their contention that they were the daughters of the deceased and that their mother (his wife), namely Asha Maheswari, had predeceased him on 3/10/2006. Respondent No.3 opposed this on the ground that in the official records the name of his wife is one Mrs. Malti Maheswari and therefore, only she is entitled to the benefits as may be payable by them. The Court, having considered evidence, granted the Succession Certificate.