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1990 Supreme(Kar) 67

VASUMATHI – Appellant
Versus
CHANDRIYANI MADHAVI – Respondent


Advocates:
L.Mohan, P.Thomas

M. RAMAKRISHNA RAO, J.

( 1 ) THE short question that arises for consideration in this revision petition is -Whether the order passed by the learned City Civil Judge transferring the petition pending before him to the Family Court is valid and proper.

( 2 ) THE facts are these: Smt. Vasumathi, the petitioner herein, on the death of her husband Raman, approached the City Civil Court by filing an application dated 30-8-1986 under S. 372 of the Indian Succession Act, 1925 (for short the Act of 1925) seeking for issuance of a Succession Certificate in her favour in respect of the estate left behind by her husband. She impleaded in her application one Chandriyani Madhavi, step-sister of her husband.>

( 3 ) AFTER issuing notices and after publishing the matter in a news paper, the matter was set down for evidence and as submitted by the leanred counsel, the evidence was almost at the completion stage.

( 4 ) IN the meantime, one Janki claiming to be the wife of deceased Raman also filed an application under O. 1, R. 10, C. P. C. , seeking permission of the Court to get herself impleaded as a party to the application of the petitioner Vasumathi. The Court allowed the application, permitted he













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