KALAVATI Vs. DHANIYA BAI

JUDGEMENT

(1.) THIS miscellaneous appeal has been filed against the order passed by First Additional District Judge, Satna rejecting under Order 7, Rule 11, C. P. C. the application of the appellants for a succession certificate Under Section 372 of the Indian Succession Act.

(2.) IN this case it is not disputed that the application for succession certificate was filed by the appellants representing themselves to be the second wife and her son from the deceased respectively. Admittedly the objectors/respondents were the first wife and her children from the deceased. The objectors raised a preliminary objection under Order 7, Rule, 11 C. P. C. on the ground that on their own showing, the petitioners were the second wife and her son from the deceased, and the second marriage during the life-time of the first wife being void under the Hindu Marriage Act, the petitioners had no interest whatsoever in the property of the deceased. This argument appealed the learned Additional District Judge, who dismissed the application for succession certificate.

(3.) IN this appeal it has been urged that the learned Additional District Judge erred in summarily rejecting the claim without any enquiry.