SEVATI, W/O LATE SAMU Vs. GENDA BAI

JUDGEMENT

(1.) Samu, S/o Rainu, while working in East Coast Railway died in harness on 7-10-2007.

(2.) Smt. Genda Bai, respondent No.1 herein, filed an application under Section 372 of the Indian Succession Act, 1925 (for short 'the Act of 1925') for grant of succession certificate which was registered as Succession Case No.3/2010 in which present petitioner Smt. Sevati was also noticed and ultimately by order dated 23-8-2011, the application was allowed and Smt. Genda Bai was granted succession certificate holding her to be eligible for receiving LIC amount of Rs.25,000/- and pension amount Rs.2,844/-. Thereafter, Smt. Genda Bai filed an application for grant of pension. On receiving notice from East Coast Railway, the petitioner herein filed an application under Section 372 read with Section 383 of the Act of 1925, for revocation of succession certificate dated 23-8-2011 in favour of Smt. Genda Bai by the Succession Court. The Succession Court framed an issue on 28-8-2015 and the said Court by order dated 4-11-2015 rejected the said application and decided the preliminary issue holding that the said application is barred by res judicata as the order dated 23-8- 2011 passed in the succession case has become final against which the present petitioner preferred an appeal before the appellate Court and the appellate Court by its order dated 10- 3-2016 affirmed the order of the succession court which dismissed the application for revocation of succession certificate as barred by res judicata. Feeling aggrieved against the order of the two Courts below, the petitioner herein has filed this revision questioning the order passed by the two Courts below rejecting her application for revocation of succession certificate as barred by res judicata.

(3.) Notices were issued to respondent No.1 Genda Bai but she has chosen not to appear despite service.