- (1.) This Misc. Appeal under Section 384 of the Indian Succession Act, 1925 has been filed against the order dated 15.5.2008 passed by the learned District Judge, Tonk in Succession Application no. 153/2004 by which the District Judge recalled the earlier order dated 31.5.2004 passed in favour of the appellants issuing succession certificate in favour of the present appellants.
(2.) The contention of the present appellants is that they have moved before the competent court for issuing succession certificate as the appellant no.1 is legally wedded wife of deceased Chetanlal, appellants no.2 and 3 are the children of the deceased Chetanlal. After hearing the present appellants, succession certificate was issued in their favour. Thereafter,respondent has filed an application under order 47 Rules 1 and 2 of CPC for recalling the order of the succession certificate passed in favour of the appellants on the ground that respondent is legally wedded wife of the deceased and court below has recalled the order. Hence this appeal.
(3.) The contention of the present appellants are that Prem Bai is not the legally wedded wife of the deceased. She never remained with Chetanlal and deceased has made nominee to the present appellant Mewa Devi and hence the impugned order is illegal liable to be quashed.;