MOINAMUCHI Vs. ANARDUMUCHI

JUDGEMENT

(1.) Heard Mr. SC Biswas, learned counsel for the appellant. Also heard Mr. AK Goswami, learned Sr. counsel assisted by Ms. P. Bhattacharjee for the respondents.

(2.) This intestate appeal has been preferred against the order dated 3.12.02 passed by the learned District Judge, Karimganj in Misc. (Succession) Case No. 143 of 2000 wherein learned Judge held that the appellant not being legally married wife of one late Shyamraj Muchi, was not entitled to get any succession certificate for the debts and sureties left out by the said deceased.

(3.) Challenging the impugned order, Mr. Biswas, learned counsel for the appellant has forcefully argued that although, admittedly, the appellant was the second wife, in the service record of the deceased, the name of the appellant was recorded as the legal heir. Hence, the learned Court below ought to have considered in the said succession application her entitlement to debts and sureties left by the above deceased.