LEEMA Vs. DEVESH KUMAR

JUDGEMENT

(1.) THIS revision under section 115 of Civil Procedure Code has been filed against the order dated 4-7-2005 passed by the District Judge, Seoni in miscellaneous Civil Appeal No. 13/06 by which appeal of applicant under section 384 of the Indian Succession Act challenging the order dated 28-2-2005 passed by the 1st Civil Judge, Class I, in Succession Case No. 35/02 granting a succession certificate in respondent's favour on his application filed under section 372 of the Act, has been dismissed.

(2.) IT is not in dispute that deceased Vijay Kumar Dixit was a lab technician in Health and Medical Department, Ugli and he died on 28-11-2002 and respondent No. 1 Devesh Kumar @ Sonu Dixit is his son. Vijay Kumar Dixit nominated his son Devesh Kumar Dixit in the nomination paper as his nominee on 28-5-2002 and later on nominated applicant and non-applicant No. 1 for amount of 50% each.

(3.) THE case of the applicant, in brief, is that respondent No. 1 has filed an application under section 372 of the Indian Succession Act on 23-12-2002 submitting inter alia that his father died during the course of service on 28-11-2002 and his mother died on 2-3-1992, therefore, only he is entitled for the benefits and funds of his father and accordingly prayed for a succession certificate.