LAWS(ALL)-2005-7-101

JAI DEVI HANS Vs. BEENA SINGH

Decided On July 21, 2005
JAI DEVI HANS Appellant
V/S
BEENA SINGH Respondents

JUDGEMENT

(1.) Heard Sri Jai Shanker Audichya Advocate on behalf of the petitioner, Sri G. C. Saxena Advocate on behalf of respondent Nos. 1 and 2, Standing Counsel on behalf of respondent No. 3.

(2.) Once Sri Jitendra Pal Singh expired on 24th March, 2001. Smt. Beena Singh (respondent No. 1) claiming herself to be the wife of the said deceased, filed an application for issuance of succession certificate in respect of the amount due to Sri Jitendra Pal Singh towards pay, gratuity, insurance etc. before the Civil Judge (Senior Division), Farrukhabad. The application so filed was registered as Misc. Case No. 76 of 2001.

(3.) The application was allowed under order of the Court dated 26-4-2001. In the said application, the petitioner namely Smt. Jai Devi, who is the mother of the deceased, was not impleaded as one of the defendants. Therefore, on coming to know about the order dated 26-4-2001, passed by the Civil Judge, the mother (petitioner) filed an application for recall of the said order and for impleadment as defendants. The application so filed was allowed by the Court below and the petitioner (mother) was impleaded as one of the defendants in the succession application.