L. NARASIMHA REDDY, J.

( 1 ) THIS appeal is filed under Section 384 of the Indian Succession act, 1925, (for short the Succession Act ), assailing the order of the I Additional Chief judge, City Civil Court, Secunderabad, dated 30. 4. 2001, in O. P. No. 140 of 1999.

( 2 ) RESPONDENTS 1 to 6 filed the O. P. , under Section 372 of the Act, for grant of succession certificate, so as to enable them to receive the service benefits of mr. K. Nagaraju. According to them, mr. K. Nagaraju, husband of 1st respondent and father of respondents 2 to 6, was employed in the South Central Railways, and since 1991, his whereabouts are not known. They pleaded that they undertook extensive search for him, and lodged a complaint with the police on 30. 8. 1991. Since the search by them and the police did not yield any result, they made an application to the South Central Railways, for payment of the service benefits of mr. K. Nagaraju by contending that a presumption can be drawn that he is no more. It was pleaded that the 1st respondent was married to Mr. K. Nagaraju on 28. 4. 1971, and Respondents 2 to 6 were borne out of that wedlock.

( 3 ) SINCE the appellant herein made a rival claim before the 7th Respondent, she was impleaded as 1st respondent in the o. P. She pleaded that she was married to nagaraju, way back on 5. 1,1967, in the andhra Evalangical Luthern Church, luthernagar, Rajahmundry. She filed a marriage certificate. She also pleaded that out of their wedlock, one daughter, by name, Ragini, was born, and that she is 32 years of age by the time she filed the counter-affidavit.

( 4 ) ON consideration of the material before it, the Trial Court granted Succession certificate in favour of Respondents 1 to 6.

( 5 ) MR. D. Vijaya Chandra Reddy, learned Counsel for the appellant submits that the appellant has proved her marriage with Nagaraju, by filing Ex. B. 1, and in view of the specific provisions of the Indian christian Marriage Act, 1872 (for short the Act ), the factum of marriage stands proved conclusively. He submits that the trial Court did not lake the same into account and had issued the succession certificate, contrary to the provisions of the Act. He also submits that the marriage of the 1st respondent with Nagaraju, even if true, is invalid, being subsequent to the one with the appellant. He places reliance upon some precedents.

( 6 ) SRI P. N. A. Christian, learned counsel for Respondents 1 to 6, on the other hand, submits that the document- ex. B. 1, does not conform to the provisions of Sections 60 and 61 of the Act, and as such, no presumption can be drawn, as regards the same. He submits that except making a self-serving statement, both as to marriage and birth of a female child, the appellant did not adduce any evidence before the Trial Court to substantiate her plea.

( 7 ) RESPONDENTS 1 to 6 approached the Trial Court with an application under section 372 of the Indian Succession Act, for grant of succession certificate, so as to enable them to receive the service benefits payable to one Mr. Nagaraju. It was pleaded that the 1st respondent was married to Nagaraju, in the year 1971, and that Respondents 2 to 6 are the children of that couple. This application was resisted by the appellant by pleading that she was married to Mr. Nagaraju in the year 1967, and the subsequent marriage of mr. Nagarjau with the 1st respondent, even if true, is invalid in law. The Trial Court framed two points, namely ;1. Whether the 1st petitioner is the legally wedded wife of K. Nagaraju and whether Petitioners 2 to 6 are their children and if so whether they arc entitled for grant of succession certificate in respect of the petition schedule debts?2. Whether the 1st respondent is the wife of K. Nagaraju ?.

( 8 ) TO substantiate their claim, the respondents 1 to 6 examined PWs. 1 and 2 and filed documents Exs. A. 1 to A. 11. The appellant examined herself as RW. 1 and filed Ex. B. 1. The Trial Court accepted the contention of the Respondent

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