JITENDRA SINGH PRADHAN Vs. GENERAL PUBLIC

JUDGEMENT

(1.) This is a revision filed under Section 388 (3) of the Indian Succession Act, 1925 (for short, "the Act") against order dated 9-9-2004 passed by the District Judge, Raigarh in Misc. Civil Appeals No. 2/2004 and 3/2004 filed under Section 384 of the Act whereby the appeal preferred by Jitender Singh Pradhan has been dismissed and the appeal preferred by Dasoda Bai has been allowed with a direction to issue succession certificate in her favour on depositing requisite Court fee by her.

(2.) Reshamlal Pradhan was in Government service working as a Teacher who died while in service on 6-5-2001. Jitendra Singh who is nephew filed an application under Section 372 of the Act for grant of succession certificate in his favour on the basis of last Will dated 11-4-1994 executed by deceased Reshamlal during his life time in his favour. Succession certificate was sought for receiving the benefits accrued as a result of death of Reshamlal during his service tenure. The application was opposed by Dasoda Bai. She also filed an application under Section 372 of the Act for grant of succession certificate in her favour on the ground that she was married to Reshamlal on 1-10-1998 and she being legally wedded wife of Reshamlal alone is entitled to inherit all the properties and benefits accrued as a result of death of her husband Reshamlal.

(3.) Both the parties adduced oral and documentary evidence in support of their case.