MADHU BALA SRIVASTAVA Vs. SAROJ SRIVASTAVA

JUDGEMENT

(1.) This appeal under Section 384 of the India Succession Act, 1925 has been filed against judgment and order dated 02.09.2008 passed by Civil Judge (Senior Division), Malihabad, Lucknow in Misc. Case No. 187-C/2007 (Smt. Saroj Srivastava V/s Madhubala Srivastava) arising out of proceeding of Misc. Case No. 108 of 2007 (Madhubala Srivastava vs. Estate of Late Shyam Swaroop Srivastava), by which Succession Certificate No.145/2007 was granted in favour of the appellant/applicant Smt. Madhubala Srivastava.

(2.) Brief facts, relevant for disposal of this appeal, are that appellant Smt. Madhubala Srivastava and Sri Sanjay Srivastava moved a petition under Section 372 of the Indian Succession Act, 1925 bearing no. 108 of 2007 for grant of Succession Certificate regarding death and security of her husband Late Shyam Swaroop Srivastava. After hearing the parties and completing formalities, the Succession Certificate was granted in favour of Madhubala Srivastabva regarding sum of Rs.13,04,590/-, as detailed in schedule of the petition/application. After grant of the Succession Certificate, one Smt. Saroj Srivastava moved an application/petition (Misc. Case No. 187-C of 2007) under Section 383 of the Indian Succession Act with a prayer for revocation of the Succession Certificate granted in favour of Madhubala Srivastava. It was further prayed for filing of suitable criminal complaint against Madhubala Srivastava. Thereafter, the notices were issued to the opposite parties and case was taken up by the Trial Court. Opportunity was given for oral evidence to the applicant/petitioner (Saroj Srivastava), but on her behalf no oral evidence was led and on her behalf an endorsement was made in the order-sheet dated 18.07.2008 by her counsel to the effect that the applicant/petitioner Saroj Srivastava does not want to give oral evidence, then the case was fixed for evidence of opposite party Madhubala Srivastava. On behalf of opposite party Madhubala Srivastava, statement of Madhubala Srivastava herself was recorded. She was cross-examined by the applicant/petitioner (Saroj Srivastava) and after hearing the parties learned Trial Court had revoked the said Succession Certificate granted in favour of Madhubala Srivastava vide impugned order dated 2.9.2008. Hence, this appeal.

(3.) We have heard learned counsel for the parties and have perused the record.