DHANNALAL Vs. DIRECTOR DEPARTMENT OF AGRICULTURAL

JUDGEMENT

(1.) THIS revision under Section 115 of CPC is directed against the order dated 12-5-2000, passed by 7th ADJ, Bhopal in M. A. No. 11/2000 reversing the order dated 25-9-99 passed by 6th Civil Judge Class- I, Bhopal in MJC no. 304/98 granting Succession Certificate in favour of the petitioners.

(2.) PETITIONERS Dhannalal, Dayaram and Laxmibai respectively are brothers and sister of late Phoolchand. Phoolchand was employed as Field man in the office of Assistant Agricultural Engineering Works-Shop (Putligarh), Bhopal. Phoolchand was unmarried and died on 11-5-96. The gratuity amount of Rs. 32,728, amount of leave encashment (surrendered)Rs. 1,748/-, amount of C P F and G I C Rs. 1,00,000/-, amount of G P F Rs. 33,053 since is required to be realised from the respondents, petitioners filed application under Section 372 of Indian Succession Act (for short "the Act") before 6th Civil Judge Class- I, Bhopal. It was registered as MJC No. 304/98. On being noticed, the respondents appeared before the Court and resisted the claim on the ground that the petitioners being real brother and sister do not fall under the category of family as defined under the provisions of M. P. Civil Services (Pension) Rules, 1976, therefore, they are not entitled to receive the benefits. However, the Civil Judge vide order dated 25-9-99 allowing the application under Section 372 directed issuance of succession certificate in respect of the aforesaid sum in favour of the petitioners. Being aggrieved, respondents preferred M. A. No. 11/2000 before the 7th ADJ, Bhopal. The Court below vide impugned order dated 12-5-2000 held that petitioners being brothers and sister do not fall under the category of the family, as defined under the provisions of M. P. Civil Services (Pension) Rules, 1976. Accordingly, allowing the appeal dismissed the application for succession certificate.

(3.) IT is admitted that late Phoolchand was real brother of petitioners Dhannalal, Dayaram and Laxmi Bai. He was unmarried and died on 11-5-96. The dues from respondents are required to be recovered. Rule 45 of m. P. Civil Services (Pension) Rules, 1976 is as under :-