(1.) This application under Article 227 of the Constitution of India has been filed challenging the judgment passed by learned Additional District Judge, 3rd Court, Paschim Medinipore in Misc Appeal No. 69 of 2013 dated 31st January, 2015 whereby and where under learned Additional District Judge, Paschim Medinipore has affirmed order No. 46 dated 13.06.2013 passed by learned Court of District delegate and Civil Judge(Junior Division, First Court, Paschim Medinipore) in succession certificate case No. 66 of 2011. The present petitioner was arrayed as opposite party No. 1 in an application under Sec. 372 of the Indian Succession Act. The opposite party No. 1 Smt. Sabana Bibi had filed succession certificate case No. 56 of 2011 impleading the present petitioner as opposite party for grant of succession certificate in respect of the debts and securities left by her deceased husband Sk. Munna, who was an employee of South Eastern Railway and who died in testate on 18.02.1999 leaving behind the following legal heirs: -
(2.) The case of the petitioner is that Sk. Munna got married with the present petitioner for the second time and Sk. Dilsat was born out of such wedlock. The present petitioner, being impleaded as opposite party in succession certificate case No. 56 of 2011, had appeared in that case and contested the case by filing written statement. Learned Judge however after hearing the rival contentions of both the parties was pleased to grant succession certificate in favour of opposite party No. 1 being the first wife of Sk. Munna. The present petitioner thereafter challenged the said order in Misc Appeal No. 69 of 2013 in the Court of learned District Judge and the said case was transferred to learned Additional District Judge, 3rd Court, Paschim Medinipore. Learned Additional District Judge, 3rd Court, Paschim Medinipore however has affirmed the order passed by learned Civil Judge, Senior Division, First Court, Medinipore. Both the learned Courts have however held that marriage between the present petitioner and Sk. Munna was not valid and as such the opposite party No. 1 Smt. Sabana being the legally married wife of Sk. Munna is entitled to get the succession certificate in respect of debts and securities of Sk. Munna, since deceased.
(3.) Despite service of notices the opposite parties did not turn up to contest this application. The affidavit of service has been kept with the record.