Dhrub Narayan Upadhyay, J. - (1.) THIS appeal has been preferred against the judgment dated 30 -11 -2007 passed by 1st Additional District Judge, Latehar in connection with Succession Case No. 13 of 2001. The facts in brief is that appellant Basanti Devi claimed herself to be the legally wedded wife of late Rameshwar Bhagat. On her behalf and on behalf of her children, appellant Nos. 2 and 3 she had filed Succession Case No. 13 of 2001 in the court of 1st Additional District Judge, Latehar for grant of succession certificate in respect of the estate i.e., retiral benefit to be paid by the Government of Jharkhand to Rameshwar Bhagat (deceased).
(2.) IT is contended that Rameshwar Bhagat was a Government employee working in Malaria department and he superannuated from his service on 31 -01 -2002, but before receiving retiral benefits he died on 24 -2 -2001. Since the deceased died intestate, an application for grant of succession certificate was filed by the appellants vide Succession Case No. 13 of 2001. During pendency of the proceeding the respondents put their appearance and raised objection against grant of succession certificate. Respondent No. 3 Most. Sita Devi had claimed herself to be the first wife of late Rameshwar Bhagat and from the wedlock she has been blessed with 6 children who are parties to this appeal. The objection was raised on the ground that the appellant Basanti Devi is not a legally wedded wife and she is not entitled for the estate left by the deceased. It was brought on record that the respondents have preferred Succession Case No. 2 of 2002 before the Sub -Judge 1st, Purnea for grant of succession certificate in respect of the estate left by the deceased Rameshwar Bhagat. In due course it was further brought on record that said Succession Case No. 2 of 2002 has been decided on 03 -03 -2003 and Succession Certificate in favour of the respondents has been directed to be issued in respect of the estate of the deceased amounting to Rs. 2,55,000/ -. The learned 1st Additional District Judge, Latehar in the impugned judgment has referred Sections 383 and 385 of the Indian Succession Act and further given opportunity to appellants to file petition under Section 383 of the Indian Succession Act before the competent court having jurisdiction for revocation of the aforesaid certificate which was directed to be issued by the learned Sub -Judge 1st, Purnea in connection with Succession Case No. 2 of 2002 and for that three months' time was given to them.
(3.) IT appears that the appellant instead of preferring an application under Section 383 of the Indian Succession Act, preferred this appeal before this Hon'ble Court.;