RUPALI BAGLARY DUTTA Vs. PRATIMA DUTTA

JUDGEMENT

(1.) Heard Mr. B.P. Borah, learned counsel for the petitioner and Mr. D. Choudhury, learned counsel for the respondent Nos.1, 2 and 3.

(2.) In this petition under Article 227 of the Constitution of India, read with Sec. 115 of the Code of Civil Procedure and Sec. 384 of the Indian Succession Act, 1925, the petitioner Smt. Rupali Baglary Dutta has put to challenge the correctness of judgment and order dtd. 5/4/2014, passed in Misc (S-C) Case No.30/2012 by the learned District Judge, Nalbari, under Sec. 372 of the Indian Succession Act. It is to be noted here that vide impugned judgment and order dtd. 5/4/2014, the learned District Judge, Nalbari, has issued Succession Certificate in favour the respondent No.1 and five others, in respect of the pensionary dues of late Hara Kanta Dutta, who was an employee of the Public Health Engineering Department, Karbi Anglong, Diphu.

(3.) The background facts, leading to filing of the present petition, is adumbrated herein below:-