LAWS(ALL)-2001-2-61

DULIA DEVI Vs. DULIA DEVI

Decided On February 19, 2001
DULIA DEVI Appellant
V/S
DULIA DEVI Respondents

JUDGEMENT

(1.) This revision under Section 115, C.P.C. has been directed against the order dated 8-10-1999 passed by Sri Ramesh Chandra Singh, VIIth Additional District Judge, Varanasi in Succession Appeal No. 204 of 1998.

(2.) The facts giving rise to this revision are as follows :The applicant moved an application for issue of succession certificate regarding the estate of her husband claiming herself to be widow of Panna Lal, who was the employee of Railway. The opposite parties filed objections alleging that the applicant is not the widow of Panna Lal. On the other hand, the opposite parties are the widow and son of Panna Lal. Therefore, they requested that the application for issue of succession certificate of the applicant be rejected and the succession certificate be issued in their favour.

(3.) The learned Civil Judge, (Senior Division), Varanasi decided the matter and found that the applicant is not the widow of Panna Lal. He further held that the opposite parties are legal heirs of Panna Lal and therefore, he directed that the succession certificate be issued in their favour. Against that order the succession appeal No. 204 of 1998 was filed which has also been dismissed by the impugned order. Aggrieved by it, the present revision has been preferred.