PARDESHI Vs. BIHULA BAI

JUDGEMENT

(1.) Being aggrieved by the judgment dtd. 19/1/2018 passed by the District Judge, Janjgir-Champa in Civil Appeal No.53A of 2017 arising out of the order dtd. 9/8/2017 passed by the Civil Judge Class I, Akaltara, District Janjgir-Champa in Succession Suit No.1 of 2012, whereby the Trial Court has dismissed the application filed by the Applicant/plaintiff for grant of succession certificate, this revision has been filed under Sec. 384(3) of the Indian Succession Act.

(2.) Facts of the case are that the Applicant/plaintiff made a succession application before the Civil Judge Class I, Akaltara, District Janjgir-Champa pleading that he is the son of Rambharos who initially married Dwarika Bai and out of their wedlock the Applicant/plaintiff born. Rambharos was also known as Rambagas. Subsequently, he also married Non-Applicant/defendant Bihula Bai and out of their wedlock Non-Applicants No.2, 3 and 4 born. Rambharos was working in the company of Non-Applicants No.6 and 7. He died on 29/3/2011. In his service record, Rambharos did not disclose the name of the Applicant/plaintiff as a nominee. Therefore, after death of Rambharos, an application for grant of compassionate appointment was preferred by the Applicant before Non-Applicant No.6 which was dismissed. Thereafter, an application for succession certificate for the amounts deposited in the office of SECL and for compassionate appointment was submitted by the Applicant which was dismissed by the Civil Judge Class I, Akaltara, District Janjgir-Champa on 9/8/2017. Against the said order, an appeal was preferred by the Applicant/plaintiff which was also dismissed vide impugned judgment dtd. 19/1/2018 passed by the District Judge. Hence, this revision by the Applicant/plaintiff.

(3.) Learned Counsel appearing for the Applicant/plaintiff submitted that the impugned judgment dtd. 19/1/2018 is illegal, arbitrary and perverse and, therefore, it is liable to be set aside. The Applicant in order to establish his claim has adduced evidence and it is established that he is son of Dwarika Bai, i.e., the wedded wife of Rambharos and, therefore, he is entitled to get compassionate appointment as well as other benefit, i.e., amounts which were given to Non-Applicants No.1 to 4 by Non-Applicant No.6.