CHAMPA DEVI Vs. GULABI DEVI

JUDGEMENT

(1.) The applicants have preferred an application under Section 372 of Indian Succession Act, 1925 (hereinafter it would be referred to as the 'Act') before the Civil Judge, Class I, Baidhan for grant of a succession certificate due to death of Kailash Singh who, was working as a driver-cum-mechanic in Jhingurda Pariyojna and his various claims like provident fund, gratuity etc. were assessed to be of Rs.5,00,000/- That application was registered as Case No.5 of 2002 and dismissed vide order dated 27.6.2003. Miscellaneous Appeal No.20 of 2003 was also dismissed vide order dated 16.4.2004 passed by the learned First Additional Judge to the Court of First Additional District Judge, Sidhi. Being aggrieved with the aforesaid orders the applicants have preferred the present revision.

(2.) The applicants have moved an application for grant of succession certificate before the trial Court with the averments that the applicant no.1 Champa Devi was wife of the deceased Kailash Singh, who was working as a drivercum-mechanic, in Jhingurda Pariyojna of NCL, Singrouli and he expired on 21.12.2001. It was also pleaded that the remaining applicants were the children of the deceased. When a notice was published in newspapers, Gulabi Devi came forward to raise the objection that she was the wife of the deceased Kailash Singh and there was no concern of the applicants with the deceased. The learned Civil Judge, Class I, after considering the evidence adduced by the parties found that Gulabi Devi was the first wife of the deceased and the deceased made a nomination performa in favour of Gulabi Devi in his employment and therefore, Champa Devi was not entitled to get anything. Consequently, the succession application filed by the applicants was dismissed. The appeal filed by the appellants was also dismissed.

(3.) I have heard the learned counsel for the parties.