SHAILENDRA SINGH Vs. NITENDRA KUMAR

JUDGEMENT

(1.) By this revision the petitioners have challenged the legality and propriety of the order dated 3.9.2002 passed by the Additional District Judge, Janjgir in Misc. Civil Appeal No. 13/02 affirming the order dated 9.5.2001 passed by the Civil Judge Class-I, Janjgir in Misc. Case No.2/2000 whereby the court below has declared the respondent No.1, son of second wife of deceased Rajendra Singh, as successor of deceased Rajendra Singh along with the petitioners i.e. 1st wife of the deceased and her children.

(2.) I have heard learned counsel for the parties and perused the impugned orders.

(3.) As per submission of learned counsel for the petitioners, during subsistence of first marriage with the petitioner No.4-Smt. Savitri Singh, her husband Rajendra Singh has solemnized second marriage with respondent No.4-Smt. Sarita Singh and therefore marriage of Rajendra Singh with Sarita Singh was void. He further submits that son of respondent No.2 is not entitled for succession.