MAHARANI ADHIRANI KAMSUNDARI Vs. DISTRICT JUDGE

JUDGEMENT

(1.) Maharajadhiraj Dr. Sir Kameshwar Singh died on 1.10.1962 intestate leaving behind two widows, namely, Maharani Adhirani Rajlakshmi and Maharani Adhirani Kamsundari (appellant). Late Maharaja had no issue. The Senior Maharani Rajlakshmi died on 22.11.1976 at Rambagh Raj Palace in the town of Darbhanga. The appellant, who is the junior Maharani filed an application for grant of succession certificate in respect of debts and securities, detailed in Schedules-A and B of the application. She had earlier filed Succession Certificate Case No. 53 of 1976 but on account of claim preferred by a stranger and other impediments, the said Succession Certificate Case was dismissed for default on 23.8.1980. Thereafter, Taxation matter was decided. There being no impediment under Section 370 of the Act, a fresh application was filed in 1995 under Section 372 of the Indian Succession Act. No objection was filed from any quarter. Succession Certificate was claimed on the basis that the applicant is the only heir of the deceased Maharani and all the properties, the subject-matter of Succession Certificate Case was inherited by her. The applicant prayed for succession certificate in respect of Schedules-A and B annexed to the application.

(2.) As stated earlier, no objection was filed resisting the application but surprisingly learned District Judge, Darbhanga by order dated 9.1.1998 rejected the application, inter alia, on the following grounds:

(3.) None of these grounds are legally sustainable. The proceeding was uncontested and all the facts were incorporated by the appellant in her application but it has not been considered by the learned District Judge, and on technical ground, the application has been dismissed.