This appeal, preferred under Section 384 of Indian Succession Act, 1925, is directed against the order dated 12.07.2004, passed by Ist Fast Track Court/Additional District Judge, Nainital, in Succession Case No. 31 of 1993, whereby the application for issuance of succession certificate moved by the applicants/appellants, is rejected.

2. Heard learned counsel for the parties and perused the record.

3. Brief facts of the case are that applicant/appellant Santosh Gutpa is resident of Mohalla Kanoongoyan, Kashipur, District Nainital (Now part of District Udham Singh Nagar), who moved an application under Section 372 of Indian Succession Act, 1925, after death of Jay Prakash Gupta for release of encashment of earned leave of the deceased. She claimed herself to be widow of the deceased. She further claimed that she got married to Jay Prakash Gupta on 08.04.1974. It is pleaded by her that at the time of her marriage with Jay Prakash Gupta, she was widow and from her first husband she had a son named Kapil Gupta, who was adopted as son by Jay Prakash Gupta. Thereafter, the applicant/appellant gave birth to another child namely Rajiv Kumar Gupta (appellant no. 2), born out of the