BOOTI BAI Vs. BRANCH MANAGER, SBI

JUDGEMENT

(1.) The applicant has preferred the present revision against the order dated 20.5.2010 passed by the District Judge, Anuppur in Misc. Appeal No.58/2009, whereby the order dated 10.11.2009 passed by the learned Civil Judge, Class-I, Anuppur in Succession Case No.21/2009 in which a succession certificate was issued in favour of the respondent No.3, whereas, the application of the applicant was dismissed.

(2.) The facts of the case, in short, are that, the respondent No.3 Ramkumar has moved an application under section 372 of Indian Succession Act to get a succession certificate due to death of his father Dashru Rathore. In that application, the applicant contested the matter on the ground that she was the second wife of the deceased Dashru. The deceased Dashru inserted the name of the applicant in various service records in the Railways, where he was employed and therefore, the applicant was given a family pension due to death of the deceased Dashru.

(3.) The learned Civil Judge, Class-I, after recording the evidence found that the applicant could not prove that she was wife of the deceased Dashru. The appeal filed by the applicant was also dismissed by the District Judge, Anuppur.