HARISH Vs. CHANDRA KUMAR AND ORS.

JUDGEMENT

(1.) This appeal is directed against the order dated 21.4.2010 passed by the District Judge, Jodhpur ('the Trial Court'), whereby the application filed by the appellant under Section 372 of the Indian Succession Act, 1925 ('the Act') has been partly accepted and instead of granting succession certificate to the appellant alone as prayed, the Trial Court has ordered grant of succession certificate to all eight legal representatives of Smt. Radha Bai regarding whose Public Provident Fund ('PPF') amount, the succession certificate was sought.

(2.) The appellant filed the application under Section 372 of the Act, inter alia, with the averments that his mother Smt. Radha Bai had an Account No. 10827657178 with the State Bank of India, Jodhpur pertaining to PPF, wherein as on the date of filing the application up to year 2009-2010 a sum of Rs. 6,10,628.55p. was in balance. It was claimed that the deceased used to live with the appellant and his mother had nominated her husband (Appellant's father) Ladha Ram as nominee, however, his father also had expired on 25.2.2002 and as the mother was living with the appellant, the succession certificate be issued to him.

(3.) Notices were issued by the Trial Court to general public as well as seven brothers/sisters of the appellant and children of the deceased Smt. Radha Bai; appearance was made by Counsel on their behalf, however, no reply was filed by them.