Sumitra Devi v. Nibha Kumari And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19631 of 2014 ======================================================

1. Sumitra Devi Wife of Late Ashok Kumar@Ashok Kumar Gupta, Daughter of Ram Kishan Sah, Resident of S.D.O.Road, Khagaria, P.O+P.S+District-Khagaria -Opposite 3rd Party-Petitioner.

Versus

1. Nibha Kumari W/O Ranjeet Kumar Sah Resident of Ramanakabad,P.SKhandakpur,District Munger at present Mahadeo Nagar P.S-Sheikhpura, District-Sheikhpura.

2. Nisha Kumari Wife of Lalit Sao Resident of Bhutaha Pokhar, P.O+P.SSupaul, District-Supaul, at present Mahadeo Nagar P.S-Sheikhpura, District-Sheikhpura. Both Sl Nos.1 and 2 are daughters of Late Ashok Kumar of Village-Mahadeo Nagar, P.S. and District-Sheikhpura. ----Applicants-Respondent 1st set.

3. Mosomat Devrani Devi Widow of Late Ramdas Prasad Resident Of Village-Mahadeo Nagar P.S-Sheikhpura, District-Sheikhpura. --Opp.Party 1st set -Respondent 2nd set.

4. Smt.Geeta Devi Daughter of Shatrughan Sah Resident of Shitala Mandir, Driver Tola, P.S-Katihar, District-Katihar.

----Opp.2nd Party-Respondent 3rd set-Respondents. ===================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 19-01-2015 Heard the learned counsel for the petitioner as well as the learned counsel for the respondent nos.1 and 2. The petitioner has assailed the order, passed in succession certificate case with regard to the estate of the deceased Ashok Kumar, rejecting her petition for recall of order. The petitioner has filed the petition for recall of the order dated 10.12.2011 by which the proceeding has been directed to proceed ex parte against the opposite party no.3.

The fact is not in dispute that the opposite party

Patna High Court CWJC No.19631 of 2014 (2) dt.19-01-2015 no.3 in the proceeding has been described as Sumitra Devi daughter of Indradeo Sah. It is the specific case of the present writ petitioner that her father's name is not Indradeo Sah. The petition for recall as above mentioned has been filed by the petitioner claiming herself to be the second wife of the deceased Ashok Kumar. The learned court below after scrutiny of the evidence produced on behalf of the petitioner has come to the finding that the relationship of husband and wife as between the petitionerSumitra Devi and the deceased Ashok Kumar is not established. It is well settled that the proceeding in a case for grant of succession certificate is summary in nature. The finding by the learned court below on the basis of evidence cannot be said to be perverse in any manner.

This Court exercising under the supervisory jurisdiction cannot enter into appreciation of evidence for interdicting the finding of fact in the impugned order. The writ application is, accordingly, dismissed. The petitioner shall have the liberty to seek appropriate remedy to establish her right, as claimed, before a competent court of law.

(V. Nath, J) Nitesh/- U