SUMAN LATA Vs. REKHA SAHU AND ORS.

JUDGEMENT

(1.) This order shall govern disposal of instant Misc. Appeal No. 32 of 2015 filed under Section 384 of the Indian Succession Act, 1925 (for short 'Act of 1925') against the order dated 20.12.2013 passed by the Civil Judge, Class-I, Baloda Bazar, District Baloda Bazar, Bhatapara, Chhattisgarh in Succession Suit No. 6 of 2012 (Smt. Suman Lata v. Smt. Rekha Sahu and two Others) filed by the Appellant under Section 372 of Act of 1925 for grant of succession certificate claiming that she is the Legal Representative of her husband Late Sampatlal Sahu son of Feraram Sahu. Learned Civil Judge after considering the entire material dismissed the application holding that the Applicant is not the legally wedded wife of Sampatlal Sahu and Respondents/ Non-applicants No.1 and 3 are the legal heirs of deceased Sampatlal Sahu as the Appellant has not proved her case under Section 372 of Act of 1925. Against the said order, the Appellant preferred an appeal under Section 384 of Act of 1925 before the Learned District Judge, Baloda Bazar, Chhattisgarh. Learned District Judge on 10.2.2015 held that the Court of District Judge does not have the jurisdiction for hearing of miscellaneous appeal in question and returned the original appeal for filing the same before the competent Appellate Court. Thereafter, the Appellant preferred the instant miscellaneous appeal for adjudication as per the law.

(2.) The instant miscellaneous appeal has been preferred after 349 days of its limitation. The period of limitation has been calculated from the date of the trial court order dated 20.12.2013. I.A. No. 1 of 2015 has been filed to condone the delay in filing the instant miscellaneous appeal.

(3.) On due consideration, for the reasons mentioned in the application and as the question of maintainability of the instant M.A. is the core issue, the application is allowed. The delay in filing the appeal is hereby condoned.