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2003 Supreme(Gau) 448

I.A.ANSARI
Bulu Das – Appellant
Versus
Moni Das – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: B. Singha, Adv.
For Respondents/Defendant: B. Ramchiary, Adv.

JUDGMENT

I.A. Ansari, J.

1. This is an appeal under Section 384 of the Indian Succession Act against the Order, dated 31.8.2002, passed by the learned District Judge, Kamrup, Guwahati, in Succession Case No. 327/2001, granting succession certificate.

2. In a nut-shell, the facts leading to the present appeal may be stated as follows :

(i) An application under Section 372 of the Indian Succession Act was made by the respondent No. 1, Smti Moni Das, praying for issuance of succession certificate in respect of debts and securities left by her husband Basanta Kr. Das, who was an employee in the Irrigation Department, Government of Assam, and who had died on 8.6.2000, the case of the respondent No. 1 being that the deceased Basanta Kumar Das had married the respondent No. 1 on 12.2.2002 and out of their wed-lock, two female issues, namely, respondent Nos. 2 and 3 were borne, both of whom are still minors and living under the care and custody of respondent No. 1. The prayer for issuance of succession certificate, so made, was resisted by the appellant No. 1, the case of the appellant No. 1 being, in brief, that the deceased Basanta Kr. Das had married the appellant No. 1 way back on 17.12.19





















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