CHHOTU DEWANGAN Vs. URMILABAI

JUDGEMENT

(1.) This Civil Revision is directed against an order dated 19th June 2006 passed by 11th Additional District Judge (F.T.C.), Raipur, C.G. in Misc. Civil Appeal No. 05 of 2006 whereby the Order passed in Succession Case No. 36/2003 by 6th Civil Judge, Class-1, Raipur directing issuance of Succession Certificate in favour of non-applicants, was affirmed.

(2.) Admittedly, non-applicant No. 1 Smt. Urmilabai is the widow and Pawan Kumar, non-applicant No. 2 is the son of late Jagat Ram Dewangan who had two deposits of the maturity value of Rs. 65049/- and Rs. 14,902/- in Branch Office Dena Bank, Kharora on his death on 11-4-2003. Jagat Ram Dewangan was unmarried at the time of making the deposit and had nominated his parents Parthaneen and Mangtu Dewangan and nephew minor Chhotu Dewangan through guardian Rameshwar, son of Khorbahra, the applicant No. 1.

(3.) Non-applicant Urmila Bai and her minor son Pawan filed an application under Section 372 of Indian Succession Act for obtaining Succession Certificate for the aforesaid amount. Notice was issued by publication in the local newspaper. The applicants/revisioners did not raise any objection before the Court. The Branch Manager, Dena Bank, Kharora, however, raised an objection before the Court that the deceased had in one deposit nominated Chhotu through guardian Rameshwar and Baratnin Dewangan and Mangturam Dewangan in the other, who were entitled to receive the amounts deposited by Jagat Ram. Baratnin Dewangan is dead.