MOHAN M.SHANTANAGOUDAR,J. - (1.) This appeal arises out of the order dated 20.04.2006 passed by the High Court of Madhya Pradesh, Indore Bench in Civil Revision No. 63/2005, reversing the order dated 8.1.2005 passed by the Additional District Judge, Narsinghgarh, District Rajgarh, Madhya Pradesh in Civil Appeal No. 80-A/2004, consequently restoring the order dated 11.07.2002 passed by the Court of the Civil Judge, Class-I, Narsinghgarh, District Rajgarh, Madhya Pradesh in Succession Case No. 3/2002.
(2.) Brief facts leading to this appeal are, that the appellant herein is the husband of Srimati Mooli Swarnkar, who was working as an Assistant Teacher in Government Girls Higher Secondary School Narsinghgarh, District Rajgarh, Madhya Pradesh; Srimati Mooli Swarnkar died on 18.11.2001, on account of liver cancer and disease of Hepatitis 'B'. The married couple, i.e, the appellant and his wife - Srimati Mooli Swarnkar did not have any issue, and hence the appellant being her husband and as her only successor claimed to be entitled to receive the retiral benefits, such as, Pension, G.P.F., Death-cum-Retirement Gratuity, Family Welfare Fund, Group Insurance Scheme account etc. Hence, the appellant filed an application on 7.5.2002 before the Civil Judge, Class-I, Narsinghgarh, District Rajgarh, Madhya Pradesh, under Section 372 of the Indian Succession Act (hereinafter referred to as 'the Act'), for grant of a succession certificate of his wife late Srimati Mooli Swarnkar, so as to entitle him to receive the afore-mentioned retiral benefits. The respondents herein, who were the sons of the brother of late Srimati Mooli Swarnkar also laid their claim in respect of the afore-mentioned retiral benefits of late Srimati Mooli Swarnkar, on the basis of the will, said to have been executed by her on 18.11.2001, i.e., on the day of her death. In other words, the respondents filed counter claim in the application filed by the appellant under Section 372 of the Act. The respondents further claimed, that the deceased had submitted nomination forms dated 16.11.2001 (Ex. D/1 to D/5) to her employer in which the names of the respondents were mentioned as her nominees.
(3.) Learned Civil Judge, Narsinghgarh vide his order dated 9.10.2004 passed in Succession Case No. 3/2002 dismissed the application filed by the appellant for grant of a succession certificate, and allowed the counter claim put forth by the respondents. Against the said order passed by the Civil Court, the appellant preferred Civil Appeal No. 80-A/2004 before the Additional District Court, Narsinghgarh, which came to be allowed on 8.1.2005 and consequently the order of the Civil Court, dismissing the claim of the appellant and allowing the counter claim of the respondents was set aside. In effect, the Additional District Judge, Narsinghgarh ordered for grant of a succession certificate to the appellant. However, the judgment of the Additional District Court was set aside by the High Court of Madhya Pradesh, as mentioned supra, in Civil Revision No. 63/2005 on 20.04.2006, and the order of the Civil Court rejecting the application for grant of a succession certificate filed by the appellant was upheld. Hence, this appeal.;