URMILA DEVI, WIFE OF LATE BIHARI RAM, RESIDENT OF VILLAGE/MOHALLA Vs. KRISHNA RAM, SONS OF LATE BIHARI RAM, RESIDENT OF VILLAGE

JUDGEMENT

(1.) (C.A.V.) - The present appeal under Sec. 384 of the Indian Succession Act,1925( hereinafter referred to as the "Act ") has been preferred against an order dated 30.11.2010 passed by the learned Additional District Judge, IVth, Patna in Misc. Case No.112 of 2003, whereby the learned Addl. District Judge has allowed the petition filed on behalf of the petitioners/ Respondents under Sec. 383 of the Act for revocation of the order dated 20.01.2003 passed in Succession Case No. 91 of 2002 by the learned Addl. District Judge VI, Patna, whereby it was directed for issuance of Succession Certificate in favour of Opp.Party( appellant herein).

(2.) Short fact of the case is that Opp.Party/appellant herein after the death of one Bihari Ram, who was a government employee, filed an application under Section-372 of the Act for grant of Succession Certificate authorizing her to collect the amount of Provident Fund and Gratuity left by Late Bihari Ram claiming to be his wife. In support of her claim for grant of succession certificate, the applicant Urmila Devi was examined as A.W.1 and her son Ranjit Kumar was examined as A.W.2.

(3.) By the order dated 20.01.2003, the learned 6th Addl. District Judge, Patna allowed Succession Case No.91 of 2002 and directed for issuance of Succession Certificate in favour of appellant Urmila Devi authorizing her to collect the amount left by her deceased husband, Bihari Ram in G.P.F. Account and Gratuity. After the order dated 20.01.2003 passed in Succession Case No.91 of 2002, petitioners/ respondents filed a petition under Sec. 383 of the Act vide Misc.Case No.112 of 2003 for revocation of order dated 20.01.2003 passed in Succession Case No.91 of 2002 . In Misc. Case No.112 of 2003, both parties were allowed to adduce evidence and finally the learned Addl. District Judge IV, Patna by order dated 30.11.2010 allowed Misc.Case No.112 of 2003 and revoked the order dated 20.01.2003 passed in Succession Case No.91 of 2002, whereby direction was issued for issuance of Succession Certificate in favour of Urmila Devi ( appellant herein). Aggrieved with the order dated 30.11.2010, the appellant has preferred the present appeal.