SUPHAL MARANDI Vs. KAPRA MURMU

JUDGEMENT

(1.) This appeal by the plaintiff-appellant is directed against the order dated 2-5-2003 passed by District Judge, Pakur in Succession Case No. 11 of 1999/2002 whereby the application filed by the appellant for grant of succession certificate has been dismissed.

(2.) Appellant filed an application under the Indian Succession Act for the grant of succession certificate in respect of some deposits lying in the name of Miru Hembram, the legally married wife of the appellant who died on 25-6-1997.

(3.) Appellant's case is that Miru Hembram was legally married wife of the appellant who died leaving behind the appellant as her sole heir and successor. In the said succession certificate appellant impleaded two persons, namely, Kapra Murmu and Manila Marandi as opposite parties who appeared and pleaded that succession certificate with respect to the amount be granted to the appellant. Learned District Judge on the basis of the evidence came to the conclusion that the deceased left behind two brothers also and, therefore, in terms of Section 35 of the Indian Succession Act since the appellant knowingly concealed the fact that the deceased died leaving behind brothers and they have not been impleaded as party in the case, the application for grant of succession certificate is fit to be dismissed for non-joinder of necessary party.