JUDGMENT

ORDER

Dinesh Chandra Somani, J. - The instant appeal under section 384 of the Indian Succession Act has been preferred by the appellant against the order dated 24/09/1997 passed by the District Judge, Jhunjhunu in Civil Miscellaneous Appeal (Succession Certificate Application) Case No. 213/1996 titled as Nirmal Kumar vs. Smt. Geeta Devi & Ors., whereby the learned District Judge has allowed the application filed by the applicant-respondent No. 1 (hereinafter referred as "the applicant") against the non-applicant respondent No. 2 to 5 (hereinafter referred to as "non-applicants") under section 372 of the Indian Succession Act and granted succession certificate in favour of the applicant. Along with the appeal, the appellant filed an application under Section 5 of the Limitation Act also to condone the delay caused in filing of the appeal.

2. Brief facts necessary for disposal of this appeal are that the applicant submitted an application under section 372 of the Indian Succession Act arraying respondent No. 2 to 5 as non-applicant No. 1 to 4, stating therein that he is adopted son of late Ganpat Ram. Ganpat Ram was Pujari of Moorti Mandir Gopinathji situated in Village Kot, Tehsil Udaipurwati, District Jhunjhunu. Ganpat Ram died on 07/01/1985. It is also stated that annuity of Rs. 37.93 Paise was being paid by Devasthan Department of Government of Rajasthan to Ganpat Ram since the year 1964, but after his death, the applicant is not receiving the amount of annuity from the Government and prayed for succession certificate to obtain amount of annuity from the Government.

3. After registration of the application, notices were issued to the non-applicants No. 1 to 4 and proclamation was issued for public at large. The non-applicants No. 1 to 4 admitted the contents of the application filed by the applicant and prayed to issue succession certificate in favour of the applicant. In response to the proclamation issued by the Court, no one appeared and filed any objection to the application filed by the applicant.

4. After recording statements of the applicant as PW-1, learned District Judge allowed the application and ordered to issue succession certificate in favour of the applicant to obtain the amount of annuity Rs. 455.16 Paise only, for the period of 1985 to 1996.

5. Being aggrieved with the impugned order passed by the learned District Judge, the appellant has preferred this appeal.

6. Learned counsel for the appellant submits that Ganpat Ram and Nathu Ram sons of Hanumanram both were priest/pujari of the temple, as such both were entitled for V, V share of the annuity in perpetuity of the temple. The appellant is widow of Nathu Ram, as such she is also entitled for V share of the annuity. Learned counsel also submits that the applicant is not an adopted son of Ganpat Ram, while he is the natural born son of the appellant. Learned counsel also submits that concealing these material facts that Ganpat Ram and Nathu Ram were the pujaries of the temple and they were receiving amount of annuity jointly from the Devasthan Commissioner and without impleading the legal representatives of Nathu Ram on record in the application for succession certificate under section 372 of the Indian Succession Act, the applicant has submitted a misconceived application for getting the amount of annuity. In this way, the applicant has obtained the succession certificate fraudulently by concealment of material facts from the Court and the appellant prayed to quash and set aside the impugned order dated 24/09/1997, as also the succession certificate issued in favour of the applicant/respondent No. 1.

7. Learned counsel for the appellant also submits that the appellant was not having any knowledge of the proceedings and the impugned order, and now the appellant has come to know about issuance of the certificate in favour of the respondent No. 1, then she submitted application for copies on 02/11/2006 and the same were supplied to her on 08/11/2006 a