Amitav Kumar Gupta, J. - (1.) This miscellaneous application is directed against the order dated 12.06.2013 passed by the District Judge-I, Godda in Succession Certificate Case No.9 of 2006 whereby the application for grant of succession certificate in favour of the applicant/appellant was dismissed.
(2.) The applicant/appellant had filed an application for grant of succession certificate with respect to L.I.C. maturity amount of Rs.1,00,000/bearing policy No.521004246 deposited in the name of his brother late Sugda Kisku. It is averred that he is the full brother of deceased Sugda Kisku and they are governed by Hindu Mitakshra School of Law. That late Sugda Kisku was an employee of E.C.L. Project, Lalmatia as a regular labour and he died issue-less on 30.04.2006. It is stated that late Sugda Kisku was earlier married to one Sunita Murmu @ Sunita Devi, but she deserted him and married another person. That Sugda Kisku did not remarry thereafter and died leaving behind the applicant and the applicant's sons and daughters as the surviving legal heirs hence they are entitled to inherit the movable and immovable assets and liabilities of the deceased and no Will was executed by late Sugda Kisku.
(3.) Respondent/O.P. No.3 Sumitra Murmu filed her written statement claiming that she was wife of deceased Sugda Kisku and was entitled to the grant of succession certificate. It transpires from the record that after filing of the written statement, she did not take any step nor participated in the proceedings in the court below.;