Mandatory disclosure of near relatives is essential for succession certificate applications under the Act.

1. The applicants have preferred this Civil Revision under S.388(3) of the Succession Act, 1925 (hereinafter called as 'the Act of 1925') against the order dated 26-4-2014 passed by learned District Judge, Bilaspur, in Misc. Civil Appeal No. 9/13, by which the order passed by the Succession Court (First Civil Judge Class - I, Bilaspur) in Succession Case No. 09/08 revoking the succession certificate granted to non - applicant Nos. 1 and 2 herein - Muskan Ali and Imran Ali dated 3-2-2005, has been set aside.

2. Aforesaid challenge to the impugned order has been made on the following backdrop:

2.1 Shri Sheikh Hussain (since deceased), father of non - applicant Nos. 1 & 2 Muskan Ali & husband of applicant No. 1 - Smt. Gulshan Begum, who was working in the South East Central Railway on the post of Technician, died in harness on 4-7-2004. Non - applicant Nos. 1 and 2 herein - Muskan Ali and Imran Ali through brother of the deceased filed an application under S.372 of the Act of 1925 on 24-11-2004 seeking succession certificate in their favour for claiming service benefits of Sheikh Hussain from SECR. That application was allowed by order dated 3-2-2005 by the Succession Court and succession certificate was issued in favour of non - applicant Nos. 1 and 2.

2.2 On coming to know of such grant, present applicant No. 1 - Smt. Gulshan Begum and her daughter filed an application under S.383 of the Act of 1925 for revocation of succession certificate granted to non - applicant Nos. 1 and 2 on the ground that it has been obtained by playing fraud and by non - impleading them as party respondents in that succession case. The said application was allowed by the Succession Court on 26-8-2010 and succession certificate granted earlier was revoked by that Court. Appeal preferred there against was dismissed by the Appellate Court on 29-10-2011. Against that, Civil Revision No. 130 of 2011 was filed by applicants Muskan Ali, Imran Ali and his brother. In Civil Revision No. 130 of 2011, this Court vide order dated 14-12-2012 set aside the order of the trial Court and the First Appellate Court and remanded the matter to the Succession Court to decide the application afresh after granting liberty of hearing to both the parties. Thereafter, by order dated 27-7-2013, the Succession Court considered the application as directed and again revoked the succession certificate granted to non - applicant Nos. 1 and 2 on 3-2-2005 holding that factum of divorce has not been proved between deceased Sheikh Hussain and applicant No. 1 Smt. Gulshan Begum.

2.3 Feeling aggrieved against the order of the Succession Court, Misc. Appeal was preferred and by the impugned order the Appellate Court has allowed the appeal and set aside the order of the Succession Court revoking the succession certificate.

2.4 The present applicants questioning the order of the District Judge in appeal have preferred this revision under S.388(3) of the Act of 1925.

3. Mr. Anurag Dayal Shrivastava, learned counsel appearing for the applicants, would submit that learned District Judge is absolutely unjustified in setting aside the order of the Succession Court revoking the succession certificate granted in favour of non - applicant Nos. 1 and 2. He would further submit that the fact of divorce between deceased Sheikh Hussain and applicant No. 1 Smt. Gulshan Begum is not established as divorce deed (Talaknama) filed by non - applicant Nos. 1 and 2 herein was neither exhibited nor it was proved, whereas the applicants have proved the fact that there is no divorce between deceased Sheikh Husain and applicant No. 1, which is a