(1.) CHALLENGE in this appeal is made under Section 384 of the Indian Succession Act 1925 against the order dated 15.07.2006 passed in Succession Revocation Misc. (J) Case No. 2 of 2002 whereby and whereunder the learned Ad-hoc Additional District Judge, Guwahati has revoked the Succession Certificate being No. 138 of 1999 issued in favour of the appellants on 11.05.1999 in S.C. Case No.167/1999 on the application filed by the respondent herein under Section 383 of the Indian Succession Act 1925 (in short ,,the Act only).
(2.) THE material facts leading to the issuance of Succession Certificate and its revocation made subsequently is summarized hereinbelow:-
(3.) ON receipt of the notice, the appellant entered appearance and contested the case by filing the written statement denying the allegations made in the revocation inter alia application contending that she is the legally married wife of Kutub Ali, since deceased and the respondent is not the wife of late Kutub Ali. She had further contended that the Succession Certificate issued in her favour was not obtained by fraudulent means and/or in suppression of facts as alleged and hence prayed for dismissal of the case being Misc. (J) Case No. 2/2002.