RADHA DEVI Vs. NIRMAL KUMAR AND ORS.

JUDGEMENT

(1.) The instant appeal under Section 384 of the Indian Succession Act has been preferred by the appellant against the order dated 24/09/1997 passed by the District Judge, Jhunjhunu in Civil Miscellaneous Appeal (Succession Certificate Application) Case No. 213/1996 titled as Nirmal Kumar v. Smt. Geeta Devi and Ors. , whereby the learned District Judge has allowed the application filed by the applicant-respondent No. 1 (hereinafter referred as "the applicant") against the non-applicant respondent No. 2 to 5 (hereinafter referred to as "non-applicants") under Section 372 of the Indian Succession Act and granted succession certificate in favour of the applicant. Along with the appeal, the appellant filed an application under Section 5 of the Limitation Act also to condone the delay caused in filing of the appeal.

(2.) Brief facts necessary for disposal of this appeal are that the applicant submitted an application under Section 372 of the Indian Succession Act arraying respondent No. 2 to 5 as non-applicant No. 1 to 4, stating therein that he is adopted son of late Ganpat Ram. Ganpat Ram was Pujari of Moorti Mandir Gopinathji situated in Village Kot, Tehsil Udaipurwati, District Jhunjhunu. Ganpat Ram died on 07/01/1985. It is also stated that annuity of Rs.37.93 Paise was being paid by Devasthan Department of Government of Rajasthan to Ganpat Ram since the year 1964, but after his death, the applicant is not receiving the amount of annuity from the Government and prayed for succession certificate to obtain amount of annuity from the Government.

(3.) After registration of the application, notices were issued to the non-applicants No. 1 to 4 and proclamation was issued for public at large. The non-applicants No. 1 to 4 admitted the contents of the application filed by the applicant and prayed to issue succession certificate in favour of the applicant. In response to the proclamation issued by the Court, no one appeared and filed any objection to the application filed by the applicant.