( 1 ) THIS appeal is by the defendant, the Union of India, against a decree for Rs. 5,288-12-0 with costs passed by the Civil Judge, Class I, Narasimhapur.

( 2 ) THE facts of the case are as follows: One Mohammad Khan, an employee in the g. I. P. Railway, died on 3rd February 1944, leaving no issue. The plaintiff was his legally married wife. Mahammad Khan was a subscriber to the Provident Fund. On his death there stood a sum of Rs. 4,515-14-0 in his account. Mahammad Khan had nominated his brother Dilawar Khan to receive the amount. Dilawar Khan predeceased Mohammad Khan, leaving behind him his widow Mst. Shakuran Bi. After the death of Mohammad Khan, claims to the money were made by Mst. Shakuran Bi and Mst. Aishi Bi, the widow of subscriber. The dispute was taken to the District Court and an application for the grant of a succession certificate was made. At first Mst. Shakuran Bi succeeded. Later the decision was reversed by the district Judge, who granted the certificate to Mst. Aisha Bi, the widow of the subscriber. A revision was filed by Mst. Shakuran Bi and two others in the High Court against that order. Mudholkar, J. , dismissed the revision and held that under Section 3

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