- (1.) A. K. Yog, J. The case was listed yesterday. I heard it in part. That day also learned Counsel for the petitioner Sri S. K. Verma, unwillingly proceeded with the case. The case was finally heard but on the request of the learned Counsel for the petitioner to take up the case next day to enable him to make if required, argument in the case, was directed to be listed today. Sri S. K. Verma has sent illness slip. Nobody appeared on his behalf to argue or to mention as a courtesy to the Court.
(2.) ILLNESS slip, in aforesaid circumstances, is to ensure that Court be compelled to adjourn the case. This is nothing but an abuse of the privilege at the Bar. I proceed to hear the case, particularly in view of vehement protest by Sri Basant Lal Gupta, Advocate Counsel representing Smt. Geeta Devi. He submits that, on one pretext or the other, hearing of the case was adjourned and Court not allowed to proceed because of the learned Counsel for the petitioner. Sri Rajendra Prasad, Advocate files Vakalatnama today on behalf of Smt. Kusma Devi. Said Vakalatnama is dated 13-11-2000. There is no explanation as to why it was not filed earlier - to facilitate prompt hearing of the cases.
(3.) FACTS of the case in brief are that one Parmeshwar Deen who was employed in the Government job died and thereafter application for obtaining Succession Certificate by three persons, namely Raj Narain Gaur (present petitioner) claiming to be nephew of the deceased, Smt. Geeta Devi (claiming to be wife of the deceased) and Smt. Kusma Devi making a rival claim (of being widow of the deceased), which were filed and registered as Misc. Case No. 158 of 1995 (filed by Geeta Devi), 107 of 1996 (filed by Kusma Devi) and Misc. Case No. 3 of 1996 (filed by Raj Narain Gaur) with the request to grant a succession certificate. The Court of Civil Judge (Senior Division), Maleehabad, Lucknow, after parties were afforded opportunity under law and having led their evidence, rejected case No. 158 of 1995 and 107 of 1996 filed by Geeta Devi and Kusma Devi while allowed Misc. Case No. 3 of 1996 filed by Raj Narain Gaur who claimed to be nephew of the deceased Parmeshwar on the finding that neither Geeta Devi nor Kusma Devi succeeded that they were legally wedded wife of the deceased. On the other hand it relied on the will deed on which reliance was placed by Raja Narain Gaur.;