( 2 ) BRIEF facts are that deceased Premraj rajeshwar Dubey was working as a peon in chhattisgarh State Electricity Board, Korba (West ). He had nominated the applicants i. e. his wife and children as nominees in the service record. On his death on 7-4-2004, the department asked for a succession certificate from the applicants herein who filed an application under Section 372 of the Indian succession Act before Civil Judge, class-I, Katghora, District Korba in Succession case No. 16/2004. The non-applicants herein resisted the application on the ground that non-applicant-Shanti Bai was wife of the deceased Premraj who had executed a will in favour of the non-applicants prior to his death.

( 3 ) THE learned Civil Judge, Class-I. Katghora on appreciation of evidence adduced by the parties held that the applicant mithila Dubey was the legally married wife of the deceased and the applicants No. 2 to 4 were children of the deceased. It was held that the non-applicant No. 1 Shanti Bai was not the legally married wife of the deceased and the non-applicant No. 2 Vinod was not the son of the deceased however the execution of a Will by deceased Premraj in favour of the non-appli