Order

1. The present civil miscellaneous appeals have been filed by the appellants assailing the orders dated 22.01.2019 passed by the learned District and Sessions Judge, Sawai Madhopur, in Civil Misc. Case Nos. 35/2016 and 36/2016 titled 'Sita vs. General Public & Ors.', whereby the application of respondent No.1 was allowed and succession certificate under Section 372 of the Indian Succession Act, 1925, were granted in favor of the applicant, Sita Devi, and non-applicant, Narbda Devi to the extent of 1/3rd share each, of the movable property left behind by late Shri Shankar Lal.

2. Brief facts giving rise to the present appeals are that the applicant/respondent No. 1, Sita Devi, filed an application under Section 372 of the Indian Succession Act, 1925, for the grant of a succession certificate on or about 13.05.2016, inter alia stating that the applicant's husband, Shri Shankar Lal, expired intestate on 01.12.2015. He left behind the applicant, who is his wife, and non-applicant No. 2/appellant, Vimla, who is his daughter. It was also stated that there is no other legal heir of late Shri Shankar Lal and that he had a bank account bearing No. 30006101130036757 in the Sawai Madhopur Kendriya Sahakari Bank Ltd., containing an amount of Rs. 9,43,545/- (Civil Misc. Case No. 35/2016) as well as an account bearing No. 10604794221 in the State Bank of India, Sawai Madhopur, containing an amount of Rs. 2,88,089/- (Civil Misc Case No. 36/2016). It was also averred that the applicant approached the respective banks to withdraw the aforesaid amounts, but the banks refused to release the said amounts in the absence of a succession certificate; and therefore prayed that a succession certificate may kindly be issued in her favour.

3. The non-applicant No.2/appellant did not file any reply to the aforesaid application.

4. Non-applicant No. 4, Narbda Devi, initially filed an application under Order 1 Rule 10 of the CPC seeking impleadment in the said proceedings, being the mother and Class I legal heir of late Shri Shankar Lal. Upon being impleaded as a party non-applicant, non-applicant No. 4, Narbda Devi, filed a reply to the application for the grant of a succession certificate, inter alia stating that she is also entitled to receive a 1/3rd share in the estate of late Shri Shankar Lal, being his mother. She, therefore, prayed that a succession certificate for a 1/3rd share of the amounts in the bank accounts of late Shri Shankar Lal may also be issued in her favour.

5. After a careful examination of the pleadings of the parties, the learned Trial Court, vide order dated 22.01.2019, accepted the application for grant of succession certificate in favour of applicant-Sita (Wife) and non-applicant No.4-Narbda Devi (Mother) for 1/3rd share each. At the same time, the appellant-Vimla, was also held to be a Class I legal heir of late Shri Shankar Lal, but since she had neither filed a formal application for grant of succession certificate nor orally prayed for the same, thus the learned Trial Court declined to issue succession certificate in respect of the remaining 1/3rd share, in favour of the appellant-Vimla.

6. Aggrieved by the same, the appellant-Vimla has preferred the present civil miscellaneous appeals.

7. Learned counsel for the appellant submits that the learned Court below committed a serious illegality in denying appellant/non-applicant No. 2, Vimla, a succession certificate for the remaining movable property of late Shri Shankar Lal, as there is no dispute with regard to the fact that the appellant, being the daughter, is also a Class-I legal heir of late Shri Shankar Lal. He further submits that although the learned Court below acknowledged that all three legal heirs are entitled to a 1/3rd share each in the movable property of late Shri Shankar Lal, but merely because no formal application or prayer was made in her behalf, the succession certificate has been granted only in favour of the applicant, Sita, and non-applicant No. 4,