GURJANT SINGH @ MITTA SINGH Vs. GURJANT SINGH

JUDGEMENT

(1.) The present appeal has been filed by the appellants/applicants under Sec. 384 of the Indian Succession Act, 1925 assailing the impugned order dtd. 3/6/2004, passed by the learned District Judge, Sriganganagar in the Civil Case No. 223/2003 whereby the application under Sec. 372 of the Indian Succession Act, 1925, filed by the appellants seeking succession certificate in their favour has been dismissed. The appellants also seek issuance of Succession Certificate in favour of the appellants. Certain other ancillary relief(s) have also been claimed by the appellants.

(2.) Briefly stated, the facts of the case are that the appellants/applicants filed an application under Sec. 372 of the Indian Succession Act, 1925 ('Act of 1925') for the issuance of the succession certificate in order to avail the pensionary benefit of the deceased, Charanjeet Kaur who was the wife of appellant no. 1 and mother of appellant nos. 2 and 3. A similar application had been filed by the respondent no. 1 for seeking the pensionary benefits on the ground that the deceased was the wife of respondent no. 1.

(3.) The learned Trial Court, thereafter consolidated both the said applications and decided the matter vide order dtd. 3/6/2004 in favour of the respondents, after examining the evidence led by the parties to the lis and issued succession certificate in favour of the respondents. In the meanwhile, respondent no. 2, Raj Kumar expired and thus, the respondents filed application under Order 22 Rule 4 of the Code of Civil Procedure, 1908 ('CPC') seeking setting aside of the abatement of appeal qua deceased respondent no. 2 and for taking his legal heirs on record, which has been allowed vide order dtd. 15/5/2023.