KETKI BAI Vs. LEELAWATI BAI

JUDGEMENT

(1.) THE instant revision filed under Section 388 (3) of Indian Succession Act, 1925 (for short 'the Act') read with Section 115 of the Code of Civil Procedure (henceforth 'the CPC) is directed against the order dated 25.08.2001 passed by the Additional District Judge, Baikunthpur in civil appeal No. 44/1999.

(2.) FACTS in brief are as under: The applicant, claiming herself to be wife of late Nankuram, an employee of Katkona Colliery, who died on 25.02.1998, filed an application under Section 372 of the Act for grant of succession certificate in her favour with respect to the retiral dues of deceased Nankuram, lying deposited with the Katkona Colliery, S.E.C.L. The said application was object by one Smt. Leelawati inter alia on the ground that she is the legally wedded wife of deceased Nankuram and not the appellant. The Trial Court, after hearing the parties, granted succession certificate in favour of the appellant. Smt. Leelawati preferred appeal under Section 384 (2) of the Act. The first appellate Court holding, complicated questions of law and fact are involved in the instant case and the same can be decided only by the Civil Court, allowed the appeal and dismissed the appellant's application for grant of succession certificate and directed the parties for declaration of their status from the Civil Court. Hence, this revision.

(3.) NO one appears for the respondent despite service of notice.