ORDER
V.K. Shrivastava, J.
1. This is a revision filed under Section 388(3) of the Indian Succession Act, 1925 (for short, “the Act”) against order dated 9-9-2004 passed by the District Judge, Raigarh in Misc. Civil Appeal Nos. 2/2004 and 3/2004 filed under Section 384 of the Act whereby the appeal preferred by Jitendra Singh Pradhan has been dismissed and the appeal preferred by Dasoda Bai has been allowed with a direction to issue succession certificate in her favour on depositing requisite Court fee by her.
2. Reshamlal Pradhan was in Government service working as a Teacher who died while in service on 6-5-2001. Jitendra Singh who is nephew filed an application under Section 372 of the Act for grant of succession certificate in his favour on the basis of last Will dated 11-4-1994 executed by deceased Reshamlal during his life time in his favour. Succession certificate was sought for receiving the benefits accrued as a result of death of Reshamlal during his service tenure. The application was opposed by Dasoda Bai. She also filed an application under Section 372 of the Act for grant of succession certificate in her favour on the ground that she was married to Reshamlal on 1-10-1998 and she being legally wedded wife of Reshamlal alone is entitled to inherit all the properties and benefits accrued as a result of death of her husband Reshamlal.
3. Both the parties adduced oral and documentary evidence in support of their case.
4. Civil Judge, Class I, Raigarh after appreciation of the evidence held that applicant Jitendra Singh did not make all the successors of Reshamlal party in this case, therefore, finding could not be given on the question of execution of Will in his favour. learned Counsel further held that Dasoda Bai is the legally wedded wife of Reshamlal has not been proved. Therefore, prayer for grant of succession certificate by petitioner-Jitendra Singh and respondent Dasoda Bai has been dismissed by the Court vide its order dated 20-11-2003. Aggrieved with that order petitioner and respondent No. 2 both preferred separate appeals bearing Civil Appeal Nos. 2/2004 and 3/2004. Learned District Judge by impugned order dated 9-9-2004 decided both the appeals. Learned District Judge although confirmed the finding of Lower Court on Will, but disagreed that Dasoda Bai is not the wife of Reshamlal instead held that Dasoda Bai is the wife of Reshamlal who is nominee in Government record, therefore, dismissed the appeal filed by petitioner Jitendra Singh and allowed the appeal filed by respondent No. 2 Dasoda Bai,
5. Dasoda Bai (N.A.W. 1) in he statement has deposed that she was married to Reshamlal according to Hindu Rites. She in her statement described all the rituals performed in her marriage. Hadippa Das (NAW 2) performed the marriage of Reshamlal and Dasoda Bai who in his statement supported the said fact. Sadhram (N.A.W. 3) corroborated the fact that Dasoda Bai was married to Reshamlal. All the evidence of non-applicants finds support from the evidence of Nanki Bai (A.W. 5). The witness of applicant who in her statement has admitted that Dasoda Bai along with Reshamlal had come to her village. Dasoda Bai was living with Reshamlal. She has also seen the father of Dasoda Bai in the house of Reshamlal. Even Jitendra Singh (A.W. 1) who is applicant in his cross-examination stated that he had no knowledge about Reshamlal and Dasoda Bai were living as husband and wife since 1-10-1998, but according to his knowledge Dasoda Bai was living as servant of Reshamlal. From the evidence of applicant and his witnesses, it is evident that Dasoda Bai was living in the company of Reshamlal and this fact supports the evidence of Dasoda Bai and her other witnesses regarding marriage of Reshamlal with Dasoda Bai. Ex. N A/3-C and Ex. N A/4-C is the family card issued by Gram Panchayat. Reshamlal has declared in this card under his signature Dasoda Bai to be his wife. Ex. 7-C is the voters’ list. This is a public document. The entry also suggests Dasoda Bai as the wife of the Reshamlal. Ex. NA Nos. 11, 12, 12-A, 13 are documents of nomination executed by Reshamlal during his life time. In all these documents Reshamlal has declared Dasoda Bai his wife. All these documents to establish the relationship of Reshamlal and Dasoda Bai are relevant and admissible and all these documents support the fact that Dasoda Bai was married to Reshamlal.
6. There is no evidence to establish that when Dasoda Bai was married to Reshamlal she had any living spouse nor there is any proof that she was married to any other person before contacting marriage with Reshamlal. There are overwhelming evidence to support that Dasoda Bai is legally married wife of Reshamlal and the marriage took place on 1-10-1998. Earlier to her marriage the execution of Will in favour of petitioner-Jitendra Singh has not been decided by both the Courts below on substantial reasons. Therefore, in these circumstances, issuance of succession certificate in favour of Dasoda Bai does not call for any interference.
7. In the result, the revision is devoid of merit, therefore, the same is dismissed.
Parties to bear their own costs.