KIRAN JHA Vs. BAIDYANATH JHA AND ORS.

JUDGEMENT

(1.) Petitioner has challenged the order dated 28.11.2011 passed by the District Judge, Darbhanga in Succession Case No.16 of 2010 rejecting the prayer of the petitioner to grant succession certificate relating to the securities and dues detailed under ScheduleI of the petition concerning Shiva Nath Jha @ Bipin Jha.

(2.) Petitioner had averred in the petition that she happens to be wife of Shiva Nath Jha @ Bipin Jha, son of Narayan Jha, who was a driver and at the relevant time was engaged by Sachchidanand Jha, cousin brother of her husband.

(3.) It has further been pleaded that on 29.04.2002 while he, Shiva Nath Jha @ Bipin Jha along with Sachchidanand Jha proceeded on SUMO Vehicle bearing Registration No.MP-26-EA- 2003 for marriage negotiation of daughter of Sachchidanand Jha towards Patna, met with Dayanand Jha, another brother of Sachchidanand Jha, who offered adulterated cold drink after consuming of the same, they all became senseless and were kidnapped in that condition. Because of the fact that since 29.04.2002, no trace of Shiva Nath Jha @ Bipin Jha has been found, on account thereof, petitioner presumed that he might had been murdered. Furthermore, disclosing the legal heirs left by Shiva Nath Jha @ Bipin Jha also disclosed the detailed of securities under Schedule-1 of the petition regarding which she claimed succession certificate, which has been rejected by the learned lower Court, hence this petition.