ASHOK KUMAR BHELWA Vs. DISTRICT MEDICAL OFFICER

JUDGEMENT

(1.) This revision petition has been preferred by Ashok Kumar Bhelwa under Section 388 (3) of the Indian Succession Act 1925 (hereinafter referred to as 'the Act of 1925') (wrongly mentioned as Section 115 of the Code of Civil Procedure), questioning the legality and propriety of the order dated 07.07.2017 passed by the 6th Additional District Judge, Durg, in Case No.33/2016, by which, the appeal preferred by the Applicant under Section 388 (2) of the Act of 1925 has been dismissed while refusing to condone the delay in preferring the same. The parties to this Revision Petition shall be referred hereinafter as per their description in the trial below.

(2.) Briefly stated the facts of the case are that an application for obtaining the succession certificate under Section 372 of the Act of 1925 has been made by the Applicant on account of the death of his wife, namely, Smt. Vijiya Bhelwa for obtaining the retiral dues and pensionary benefits. During the pendency of the said proceeding, an application has been made by the Applicant on 12.01.2010, whereby he has relinquished his claim with regard to the other funds and confined his claim only to the pensionary benefits and the same was allowed by the Trial Court vide order dated 24.01.2011 and, in pursuance thereof, the succession certificate has been granted on 19.09.2011.

(3.) The aforesaid certificate is, however, revoked by the 2nd Civil Judge Class-I, Durg, vide order dated, 12.05.2016 in MJC No.5/2012 in exercise of the powers enumerated under Section 383 of the Act, 1925 initiated by the Non-Applicant No.2/The District Medical Officer, Rajnandgaon.