IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.370 of 2009 LACHHO DEVI @ LACH DEVI, w/o Late Badri Singh, resident of vill.-Hassanpur, P.O. Pauni Hassanpur, P.S.-Vaishali, Distt.-Hajipur. -----------Appellant Versus 1. ANIL SINGH, s/o Late Badri Singh 2. Ashok Singh, s/o Late Badri Singh Both residents of vill.Hassanpur, P.S. Hassanpur, P.S.-Vaishali, Distt.Vaishali. ----------Respondents 03. 21.04.2010. (1) Heard the learned counsel for the appellant and also the respondents. (2) This Misc. Appeal has been filed against the Order dated 09.04.2009 passed by the learned District Judge, Vaishali at Hajipur in Succession Case No.8 of 2008 whereby and whereunder the learned Court below has rejected the application filed by the applicant-appellant for grant of Succession Certificate in her favour. (3) The appellant filed the aforesaid Succession Certificate Case No.8 of 2008 on allegation that her husband Badri Singh had two wives. First wife, Parvti Devi became traceless about 50 years ago. She had no issue. The appellant had two sons through Late Badri Singh who is respondent in this Appeal. They were opposite party in the Court below. It is alleged that the Late husband of the appellant, namely Badri Singh was in the army. After his death of 20.05.2005, the appellant filed the application for Succession Certificate and pray for grant of certificate regarding schedule-1 property, i.e., arrears, retirement benefit and other moneys lying in the Bank. It is stated that the appellant and the opposite parties are legal heirs of the deceased Badri Singh and, therefore the 2 appellant is entitled for the certificate because her two sons, opposite parties-respondents have got no objection if the certificate is granted in favour of the petitioner-appellant. (4) In the Court below, the petitioner-appellant examined herself as P.W.1. She has stated that the first wife of her husband is traceless since 50 years. She has further stated that she has got two sons from Late Badri Singh who retired from military service and was getting pension of Rs.2400/- per month. In the State Bank of India, Hajipur, the deceased has bank account. The opposite parties-respondents have got no objection. The appellant also filed pension book and pass book of State Bank of India which have been marked exhibit 1 & 2. P.W.2, Brahmdeo Thakur, has proved the death certificate of Badri Singh which has been marked exhibit-3. (5) O.P.W.-1, Anil Singh, who is respondent No.1 in this Appeal also fully supported the claim of his mother. (6) In view of the above facts except the appellant, no other was claiming for Succession Certificate regarding the money of the deceased. The two sons who were opposite parties and respondents here never objected for the grant of Certificate in favour of their mother. Before this Court also, they submitted that they have got no objection. (7) The learned Court below has dismissed the Succession case on the ground that no Hindu male can have two wives and no case is made out that appellant was married after the death of Parvti Devi. In my opinion, on these grounds, the learned Court below could not have dismissed the claim application. Admittedly, the appellant as well as the 3 respondents are the legal heirs. Nobody is disputing this fact. So far the first wife is concerned also, sufficient evidence has been produced before the Court below to show that she died legal death. (8) In such view of the matter, the order passed by the learned Court below dismissing the Succession Certificate case is unsustainable in the eye of law. (9) In the result, this Misc. Appeal is allowed. The impugned order, dismissing the Succession Case is set aside. The Succession case thus stands allowed. (10) Let the Succession Certificate be issued accordingly in favour of the appellant with regard to the schedule-1 property. Sanjeev/- (Mungeshwar Sahoo,J.)