SMT. SARATI & ORS. Vs. PUBLIC IN GENERAL

JUDGEMENT

(1.) THE present appeal arises out of the order dated 17.2.10 passed by the Addl. District Judge No. 1, Kishangrah Bas, District Alwar (hereinafter referred to as 'the court below'), whereby the court below has dismissed the application of the appellants -applicants filed under Section 372 of the Indian Succession Act, 1925. It has been submitted by the learned counsel Mr. Dinesh Saini for the appellants that the court below has wrongly rejected the application on the ground that he appellants -applicants had not produced the passbook of the concerned Bank i.e. Rajasthan Gramin Bank, Sodawas. According to the learned counsel, the passbook of Alwar Bharatpur Aanchalik Gramin Bank, Sodawas is known as Rajasthan Gramin Bank, as per the certificate given by the Rajasthan Gramin Bank, which has been produced on record alongwith the application under Order XLI Rule 27 of CPC. He, therefore, submitted that the matter may be remanded to the court below where the necessary evidence could be adduced in that regard.

(2.) HAVING regard to the submissions made by the learned counsel for the appellants and to the fact that no objection to the present appeal has been filed by anybody though the public notice through paper publication was published in the local daily, and having regard to the fact that the appellants have produced the certificate of the Rajasthan Gramin Bank to the effect that the Alwar Bharatpur Aanchalik Gramin Bank is now known as Rajasthan Gramin Bank after its merger with Shekhawati Gramin Bank vide notification of the Government of India, this is the fit matter to remand the case to the court below for permitting the appellants to produce necessary evidence in this regard, as the court below has dismissed the application of the appellants only on the ground that the passbook of the Rajasthan Gramin Bank, Sodawas was not produced by the appellants. In that view of the matter the present appeal deserves to be allowed. The impugned order dated 17.2.10 passed by the court below is set aside. The court below is directed to decide the application afresh after giving opportunity to the appellants -applicants to lead evidence as regards the bank account of the deceased in the Rajasthan Gramin Bank, Sodawas, which was earlier known as Alwar Bharatpur Aanchalik Gramin Bank. The appeal stands allowed accordingly.