Order on Board

02-09-2021

1. This civil revision has been brought being aggrieved by the order dated

29-07-2017, passed in Civil Appeal No.5/2016, by the learned Second Additional District Judge Raigarh, dismissing the appeal and upholding the order dated 17-12-2015, passed by the First Civil Judge Class-I, Raigarh, in Succession Case No.15/2011.

2. The facts of the case in brief are these, that deceased Suresh Kumar Upadhyay was a member of Indian Army who has expired. The amount of gratuity, general provident fund and others are pending to be disbursed by respondent No.3 and 4 to the successors of the deceased soldier. The applicants are parents of the deceased Suresh Kumar Upadhyay. An application under Section 372 of the Indian Succession Act, 1925 (In short “the Act, 1925”) was filed before the Court of Civil Judge Class-I Raigarh praying for issuance of succession certificate for disbursement of the amount of service benefits of the deceased to the applicants and respondents No.1 and 2 jointly.

3. The learned Court of Civil Judge, Class-I passed the order dated 17-12-

2015, in which, it was held that applicant No.1 has no entitlement to receive the amount as he is not the first cla