1. This appeal under Section 384 of the Indian Succession Act, 1925 (hereinafter referred to as Act) is directed against the judgment and order dated 18.6.2005 passed by the learned District Judge, Nalbari in Title Suit No. 7 of 2005 granting succession certificate in favour of the petitioner and the respondent No. 1.

2. The second wife of late Abdul Kashem Ahmed filed application under Section 272 the Indian Succession Act, 1925 before the learned District Judge at Nalbari leading to registration of case being Misc. Succession Case No. 63 of 2003. In that application, applicant stated that her husband was a handloom officer in the Handloom & Textiles Department of Assam and retired from the same position on superannuation. He was earning Rs. 6500/- per month. After his retirement, he died on 2.2.2003 leaving behind the applicant and the respondent No. 1 Mustt. Jubeda Ahmed, two surviving wives and as many as ten sons and daughters. Names and address of all these legal heirs were mentioned at para-5 of the application and the same are quoted below:

“5. That, at the time of death the deceased left the following heirs including the petitioner.

1. Musstt. Jubeda Ahmed, wife (1st