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1965 Supreme(AP) 129

SHARFUDDIN AHMED
HUSSAIN BEE – Appellant
Versus
SAKEENA BEGUM – Respondent


SHARFUDDING AHMED, J.

( 1 ) THIS is a Petition to revise the order of the 1st Additional Chief Judge, city Civil Court Hyderabad dated 28-2-1964 made in I. A. No. 339/63 in. O. P. 198/62. O. P. 198/62 was filed by the respondents 1, 3 to 5 herein for issuing a succession certificate in their favour in respect of certain policy amount realisable by them as wife and children of the deceased Shahabuddin, the policy holder. In the said petition the petitioner herein filed application under order 1 rule 10 C P. C. for being impleaded as parties on the ground that petitioner No. 1 herein viz, Hussain Bi was the wife of the deceased Shahabuddin and the other petitioners were sons and daughters of the said deceased and as such were entitled to a part of the policy amount. This was resisted by the other side. Thereupon, the lower Court instead of summarily disposing of the petition, allowed the parties to adduce evidence both oral and documentary to sub-stantiate their respective contentions and ultimately by an elaborate order held that the petition filed by the petitioners herein for being impleaded as a party, was not maintainable and in that view dismissed the petition. It is against thi









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