LAWS(MPH)-2014-5-106

MANJU PRABHA SHRIVASTAVA Vs. RAJKUMARI

Decided On May 07, 2014
Manju Prabha Shrivastava Appellant
V/S
Smt. Rajkumari Respondents

JUDGEMENT

(1.) WITH the consent of parties, revision is heard finally.

(2.) THIS petition is directed against the order dated 31/7/2013 passed by I Civil Judge, Class -I, Vidisha in MJC No. 10/2012; whereby, an application seeking correction in the original order of Succession dated 25/4/2008; based upon which further consequential correction in succession certificate issued on 20/11/2010 was also sought, has been rejected.

(3.) HAVING perused the order impugned and the statement made, this Court is of the opinion that under Section 151 of CPC, the Court can correct the errors made in the order to meet the ends of justice. Accordingly, impugned order is set aside. This revision is allowed with the direction to trial Court to indicate family pension payable to the widow of Late S.K. Shrivastava as family pension is payable to wife only under Rule 47(11) of the Civil Services (Pension) Rule, 1976. The trial Court is also directed to make correction in the succession certificate dated 20/11/2010 accordingly within six weeks from the date of presentation of certified copy of this order. With the consent of parties, the aforesaid direction is being issued.