JUDGMENT :

1. This is defendant’s No.1 Second Appeal filed under Section 100 of CPC against the judgment and decree dated 02.07.2004, passed by 2nd Additional District Judge (FTC), Mungeli, District Bilaspur, in Civil Appeal No.3-A/2003 reversing the judgment and decree dated 31.10.2003 passed by Civil Judge, Class-I, Mungeli in Civil Suit No. 103-A/1997, whereby, the plaintiff's suit has been decreed.

2. For the sake of convenience, parties would be referred to as per their description shown in the plaint filed before the trial Court.

3. The Instant appeal has been admitted by this Court on 27.08.2004 on the following substantial questions of law :-

“1. Whether the 1st appellate Court was justified in reversing the judgment and decree of the trial Court holding that the marriage of the appellant herein with late Mohar Singh was not valid marriage in view of the provisions of Section 5(1) of the Hindu Marriage Act ?

2. Whether the 1st appellate Court was justified in reversing the judgment and decree of the trial Court on the ground that in view of Section 24 of the Hindu Succession Act, 1956 the appellant herein was not entitled for inheritance ?”

4. The brief facts of the case, as refl