- (1.) THIS revision is directed against the order dated 03-08-2004 passed by the District Judge, Sarguja, Ambikapur in Misc. Civil Appeal No. 2/2004.
(2.) RESPONDENT /applicant Smt. Snehlata Chaturvedi filed an application under Section 372 of the Indian Succession Act, for grant of succession certificate in respect of various amounts due for payment on the death of her husband- Anil Chaturvedi. Petitioner R.S. Chaturvedi and objectors Smt. Kamla Chaturvedi, Mrityunjay Chaturvedi and Sunil Chaturvedi denied the fact that Smt. Snehlata Chaturvedi is the wife of Anil Chaturvedi and instead pleaded that Anil Chaturvedi was in Government service who during his life time made nomination and nominated his father - R.S. Chaturvedi, mother - Kamla Chaturvedi, brothers - Sunil Chaturvedi and Mrityunjay Chaturvedi for receiving the amount due on his death. Civil Judge, Class-1, Sarguja, Ambikapur, after evaluating the evidence on record vide order dated 20-02-2004 passed in Succession Case No. 04/2000, held that Smt. Snehlata Chaturvedi alone is the successor of deceased Anil Chaturvedi. The nomination made by Anil Chaturvedi in favour of his mother, father, brother and sister cannot be treated as successors on his death as after marriage of Anil Chaturvedi only his wife and children were members of his family, therefore, allowed the application and granted succession certificate in favour of Smt. Snehlata Chaturvedi.
(3.) AGAINST that order appeal was preferred by the petitioners before the Court of District Judge, Sarguja. Vide impugned order dated 03-08-2004 passed in Misc. Civil Appeal No.2/2004 the appellate Court dismissed the interim application filed by the petitioners for amendment, refused to accept the contention raised by the petitioners regarding non-verification of original application and after due evaluation of whole evidence held that Smt. Snehlata Chaturvedi was legally wedded wife of deceased Anil Chaturvedi and accordingly dismissed the appeal.;