JUDGMENT

Navaniti Prasad Singh, J. - Heard.

The present application is directed against the order dated 26th July, 2005 passed by the learned Additional District Judge I. Vaishali at Hajipur in succession certificate case No. 20 of 2003. By the impugned order, the learned Court below has directed the parties to get the civil death of the husband of the applicant declared by Competent Court in absence whereof he was unable to grant succession certificate.

2. It appears that the husband of the applicant was an employee in Punjab National Bank. He disappeared and became traceless on 16th October, 1996 on way to bank. Under such circumstances after seven years of his disappearance in order to receive payments due under Employees Provident Fund Scheme on the event of death, the present application for grant of succession certificate as contemplated under Section 370 of the Indian Succession Act was filed before the District Judge, taking a plea that as the husband had been traceless for over seven years so in view of presumption as provided under Section 108 of the Evidence Act, the Court should presume the civil death of the husband and proceed to grant succession certificate. The Cour