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2003 Supreme(MP) 672

S.K.PANDE
Nirmala Choudhary – Appellant
Versus
Kamla Devi – Respondent


Advocates Appeared:
Imtiaz Hussain,

Judgment

( 1. ) BEING aggrieved by the order dated 25-2-2002, passed by VII Additional District Judge, Bhopal in MCA No. 13/2001 reversing/modifying the order dated 8-10-2001 passed by 3rd Civil Judge, Class-I, Bhopal in MJC No. 15/2001, petitioners have preferred this revision petition under Section 115 of CPC read with Section 388 (3) of the Indian Succession Act, 1925.

( 2. ) FACTS in brief are that Late Dr. Balkrishna Choudhary died at Sehore on 3-2-99. He was a Doctor in the service of the State of M. P. and was posted at Civil Hospital, Sehore. On 10-1-99, Late Dr. B. K. Choudhary while in hospital at Indorc, executed a Will (Ex. P-13) in favour of the petitioners Smt. Nirmala Choudhary, Ku. Ritu Choudhary, Renu Choudhary, Ku. Varsha Choudhary and Vikrant Choudhary. On the death, an application under Section 372 of Indian Succession Act was filed for issuance of his succession certificate in respect of debt, securities of Late Dr. B. K. Choudhary. Respondent, Kamla Devi claiming herself to be legally married wife, resisted the claim of the petitioners. Rejecting the objection, Civil Judge Class-I, Bhopal, in MJC No. 15/2001 vide order dated 8-10-2001 allowed the application and





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