KIRTI MISHRA Vs. KRISHNA MISHRA AND ANOTHER

JUDGEMENT

(1.) THIS application under Section 24 of the Civil Procedure Code has been filed for transfer of Civil Suit No. 168-A/95, pending before Second Civil Judge Class-I, Khandwa.

(2.) FACTS leading to the present petition in brief are that the petitioner and respondent No. 1 claim to be the wives of deceased Ravi Narayan Mishra. Ravi Narayan Mishra was in service in the Police Department and died in a road accident in 1993 at Sehore. The respondent No. 1 filed an application before Superintendent of Police, Sehore, praying that the pensionary benefits, provident fund, gratuity etc. , be paid to her consequent to the death of her husband Ravi Narayan Mishra. The Superintendent of Police, Sehore, however, directed the respondent No. 1 to obtain a succession certificate with regard to the above claims. The respondent No. 1 Smt. Krishna Mishra thereafter filed an application for grant of succession certificate before District Judge, Sehore. The said application was resisted by the petitioner and others. First Additional District Judge, Sehore by his order dated 30-1-95 (Annexure A-1) directed that the parties to the case to should get the matter decided by filing a regular Civil Suit.

(3.) THEREAFTER, the respondents filed Civil Suit (Annexure B ). A ex-parte decree dated 31-10-96 was passed. The judgment thereof is Annexure C. However, on the application filed by the petitioner under Order 9 Rule 13 CPC, the above ex-parte judgment and decree was set aside as per order (Annexure D ).