SUNITI BANERJEE Vs. CHAMPA ALIAS SANGHAMITRA BANERJEE

JUDGEMENT

(1.) THIS application under Article 227 of the constitution of India is directed against the order no. 8 dated 24. 08. 2006 passed by the learned Additional District Judge, Fast track Second Court, Chandannagore in Misc. Appeal No. 15 of 2006 whereby he has confirmed the order of dismissal of the Misc. Case no. 104 of 2002 (under Act, 39 ).

(2.) THE fact of the case in short is that the applicants filed one application for granting a succession certificate for collecting the entire dues and family pension of the deceased, partha Banerjee, Ex Store Cashier/re/ranchi under Section 372 of the Indian Succession Act, 1925 against the opposite parties. In that misc. case, the opposite parties appeared and contested. The learned District Delegate, Chandannagore dismissed the case and then the applicants preferred a misc. appeal before the learned additional District Judge, Hooghly who was pleased to remand the matter for hearing afresh. Then upon hearing both the sides, the learned District Delegate, Chandannagore rejected the misc. case again holding that the applicants have no locus standi to apply for a succession certificate. The misc. appeal preferred by the applicants against the order of the learned District Delegate was dismissed by the learned Additional District Judge, Fast Track second Court by the impugned order. So the applicants have preferred the present application.

(3.) HAVING considered the submissions of the learned Advocate of both the sides and the materials on record, I find that it is an admitted position that the applicant no. 1 was married to Partha banerjee (since deceased) on 08. 12. 1995 under the Special Marriage act during the subsistence of an earlier marriage between Partha banerjee (since deceased) and the opposite party no. 1 under the hindu Marriage Act held on 24. 05. 1989. It is also an admitted position that Partha Banerjee was an Ex Store Cashier/re/ranchi and he died intestate on 01. 09. 2001 while he was in service. The materials on record show that the opposite party no. 1 filed a divorce petition under Section 13b of the Hindu Marriage Act against Partha Banerjee (since deceased ). That petition was allowed on 19. 09. 2000 resulting thereby the marriage tie between the two had come to an end with effect from that date. Admittedly the parents of Partha Banerjee (since deceased) are still alive; but they have not been cited in the application under Section 372 of the Indian Succession Act filed by the applicants and no notice was served upon them. The materials on record also show that the applicant no. 2 is the minor daughter of the applicant no. 1 out of the wedlock between the applicant no. 1 and Partha Banerjee (since deceased ).