2011 Supreme(Raj) 2800
PRASHANT KUMAR AGARWAL
Dhola Devi – Appellant
Versus
Smt. Archana Devi – Respondent
For the Appellants:J.P. Goyal and Miss Manish Surana, Advocates.
For the Respondent: None.
JUDGMENT
1. - The applicants-appellants have preferred this civil misc. appeal under section 384 of the Indian Succession Act (hereinafter to be referred as 'the Act') against the order dated 11.5.2000 passed by the District Judge, Swaimadhopur in Civil Misc. Case No. 18/98 whereby the learned Trial Court has refused to grant succession certificate in favour of the appellants.
2. The brief relevant facts for the disposal of this appeal are that appellants alongwith respondents No. 2 to 5 filed an application under section 372 of the Act before Court below on 13.1.1998 with the averment that appellant-Smt. Dhola Devi is the legally married (sic. wife?) of deceased Shri Ram Sahay who has died on 1.6.1994 and appellants Nos. 2 and 3 were born out of wedlock of appellant-Smt. Dhola Devi and deceased Ram Sahay whereas present respondents are son and daughters of deceased-Ram Sahay, who were born from the first wife of deceased Ram Sahay, Smt. Shand Devi. It was prayed in the application that the appellants and the respondents are entitled to receive the estate left by deceased-Ram Sahay and, therefore, succession certificate may be issued regarding the estate mentioned in the application
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