Rajes Kumar, J. - (1.) By means of the present writ petition, the petitioners has challenged the order of the District Judge, Kaushambi dated 10th April, 2003, Annexure 25 of the writ petition, which has been passed in appeal against the judgment and order dated 25.02.2002 passed by the Civil Judge, (Senior Division), Kaushambi.
(2.) It appears that respondent No. 1 filed an application, being succession Suit No. 15 of 2001 in the Court of Civil Judge, (Senior Division), Kaushambi under Section 372 of the Indian Succession Act, 1925, inter alia on the ground that her husband Late Vijay Bahadur died on 16.11.1999 in village Baish Kanti, Pargana Karari, Tehsil Manjhanpur district Kaushambi and legal heirs of the deceased were respondent Nos. 2, 3, 4 and 5 and Smt. Late Ram Kali wife of Dev Nath and mother of late Vijay Bahadur; that the said legal heirs had come to a compromise amongst themselves that succession certificate in respect of the money deposited in the Provident Fund of late Vijay Bahadur amounting to Rs. 54,9037- with SSI/Sig/NR/Etawah be granted in favour of respondent No. 1; that it is also mentioned that late Vijay Bahadur had died in harness while working as Khalasi in the Northern Railway. In the said application, petitioners were not impleaded. However, when the petitioners came to know about the said case, they immediately moved an application under Order 1 Rule 10 of the Code of Civil Procedure for being impleaded as parties. The application was allowed and the petitioners were impleaded as defendants in the above suit. Petitioners filed written objections before the learned Civil Judge, (Senior Division), Kaushambi. In the said objections, though it was disputed that respondent No. 1 was not the legally wedded wife of late Vijay Bahadur and she had never been married to him. The petitioner No. 1 claimed to had been married as per Hindu Shastra claiming all the three sons, namely, Ashok Kumar, Santosh Kumar and Man Both as legtimate sons of late Vijay Bahadur. The learned Civil Judge. (Senior Division), Kaushambi vide order dated 25th February, 2002 held that respondent No. 1 is the legally wedded wife of late Vijay Bahadur and has issued probate in favour of respondent No. 1. The claim of the petitioners that petitioner No. 1 was the legally wedded wife of late Vijay Bahadur has not been accepted. Petitioners filed appeal before the District Judge, Kaushambi. The District Judge, Kaushambi rejected the appeal. However, after going through the various evidences, it has been observed mat in the Kutumb register produced by both the parties, the name of both the wives of Late Vijay Bahadur and their children were mentioned. It has been observed that Smt. Sitabiya was the first legally wedded wife and during the subsistence and as there was no divorce. Petitioner No. 1 was not legal wife. Thus, Smt. Sitabiya has been held as the first wife and legal heir Appellate authority also observed that Smt. Gulabia has got photographs with late Vijay Bahadur and sons were born from late Vijay Bahadur and in the school mark sheet and result the name ot late Vijay Bahadur is shown as father. Urns, on the material on record, it has been held that Smt. Gulabia was the second wife and was not held as legal heir.
(3.) Heard Sri Rakesh Bahadur, learned Counsel for the petitioners and Sri R.B. Tripathi. learned Counsel for the respondents.;