Aparesh Kumar Singh, J. - (1.) I.A. No. 3010/2016 Heard counsel for the petitioner and the Respondents.
(2.) Learned Sub Judge, Ranchi in Succession Case No. 56/2010 refused the prayer of the opposite party / petitioner herein to incorporate the amendments at para-7 of his show-cause in the following terms: "After the death of Jitendra Nath Prasad the account being No. 908029 of G.P.O., Ranchi was converted into single account by the Asst. Post Master, G.P.O., Ranchi on 9.8.2009 and thereafter the same was solely operated by this opposite party over which the claimants have got no concern whatsoever. "
(3.) Respondent No. 1 herein, widow of Jitendra Nath Prasad, has instituted a succession case before the Learned Court for issuance of certificate in respect of debt and security enumerated at para-14 of her application. Item no. 4 is in respect of monthly income scheme of G.P.O., Ranchi being half share out of Rs. 2.00 lakh in the account no. 902029. The opposite party / petitioner herein, brother of the deceased, in his show-cause at para-7 made the following statements. "7. That the statement made in para-7 of the said petition is fully denied by this Opp. Party. The Opp. Party most humbly states and submits that admittedly this Opp. Party was the Joint account holder with the deceased Jitendra Nath Prasad, that too with respect to item No. IV of the Schedule of the said petition. It is necessary to mention here that the said account was to be operated by 'either of survives' and this Opp. Party being the survivor, after the death of Jitendra Nath Prasad operated the said account. The petitioners have got no concern with the said account and they are not entitled for any amount from the said account (Item No. IV of the schedule). This Opp. Party being the surviver is only entitled for the amounts of the said account. ";