BERNADETH MARWEIN Vs. CYNTHIA KHONGWET

JUDGEMENT

(1.) This Revision Application under Rule 6 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014 read with Article 227 of the Constitution of India has been filed impugning the order dtd. 1/2/2022, passed in Succession Misc. Case No. 96 of 2011, by the Court of the Learned Judge, District Council Court, Shillong, whereby the application filed by the petitioner under Sec. 383 of the Indian Succession Act, 1925 was dismissed on the ground that the said application was time barred.

(2.) Though the sole respondent, as per the office note had been served on 24/5/2022, no appearance had been made on her behalf on successive dates, and as such, this matter is being taken up ex-parte against the sole respondent.

(3.) Ms. R. Kharshiing, learned counsel for the petitioner submits that the impugned order was passed in the proceedings of Succession Misc. Case No. 96 of 2011, wherein the dispute was between the petitioner and the respondent who both claimed to be the legally wedded spouse of one (L) Morningstar Wanshong, and as such, entitled to his terminal benefits. It is further submitted that, the said tussle started from 2010, when the first objection was filed by the petitioner against the application of the respondent for grant of Succession Certificate. Thereafter, it is submitted on the failure of the petitioner to appear a Succession Certificate dtd. 15/7/2016, was granted to the respondent which was then, sought to be revoked by the petitioner by way of an application dtd. 9/5/2019.