HIRA PODDAR Vs. PARWATI DEVI

JUDGEMENT

(1.) THIS revision is directed against the order dated 4.9.98 passed by the Subordinate Judge 1st, Muzaffarpur in Succession Case no. 27/92 by which the court below has kept the Succession Case for issuance of Succession Certificate under Chapter (sic -Part) X of the Indian Succession Act (hereinafter referred to as the Act) in abeyance and has directed the opposite party to get the declaration from the competent Civil Court that she is a legally married wife of Late Jawahar Poddar.

(2.) JAWAHAR Poddar son of Moti Poddar resident of village and P.O. Itaha, P.S. Saikra, District Muzaffarpur, died on 25.6.91 at his village. The petitioner claiming himself to be the full brother of Jawahar Poddar, deceased filed an application for grant/issuance of a Succession Certificate under Chapter (sic -Part) X of the Indian Succession Act which was numbered as Succession Case no. 27/1992. He examined three witnesses and also filed documents in support of his assertion. In the meantime on 14.9.92 Opp. Party Parwati Devi filed an application claiming herself to be the third wife of deceased Jawahar Prasad and prayed for that she may be added as objector in the succession case. She also asserted the maintainability of the proceeding at the instance of the petitioner. She also filed certain documents in support of her claim of being the widow of the deceased. The Court below after hearing the parties by the impugned order came to the conclusion that the question as to whether the opposite party is the widow of Late Jawahar Poddar or not requires thorough enquiry which is not possible in the summary proceeding under section 373 of the Succession Act and accordingly ordered her to get a declaration from the Civil Court that she is legally married wife of Sri Poddar and in the meantime kept the succession case in abeyance.

(3.) THOUGH the other side has appeared but nobody appeared on the date when the case was taken up.