1 S.B. Civil Misc. Appeal No.2105/2007 Smt. Kani Devi. vs. Smt. Chandra Devi & Ors. S.B. Civil Misc. Appeal No.2105/2007 Smt. Kani Devi. vs. Smt. Chandra Devi & Ors. Date : 15.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Mahesh Thanvi, for the appellant. Mr.DC Sharma ) for the respondents. Mr.KK Acharya ) - - - - - Heard learned counsel for the parties. Learned counsel for the appellant submitted that the appellant submitted petition for obtaining succession certificate in her favour for the properties of her husband – deceased Kalyan Sahai who died on 13.6.1999. This petition was submitted on 13.8.1999 and it was registered as Civil Misc. Case No.28/1999 in the Court of District Judge, Jaipur District, Jaipur. In the said petition, Smt. Lali Devi, Smt. Prem Devi, Kumari Naina Devi and Assistant Engineer, PHED were impleaded as party. Smt. Chandra Devi, Kumari Pratibha and Vijay Kumar submitted an application in the said petition no.28/99. Smt. Chandra Devi, Kumari Pratibha and Vijay Kumar also submitted a petition for obtaining 2 S.B. Civil Misc. Appeal No.2105/2007 Smt. Kani Devi. vs. Smt. Chandra Devi & Ors. succession certificate for the properties of deceased Kalyan Sahai being Petition No.93A/99 which was registered at Jodhpur. The petition no.28/99 submitted by Smt. Kani Devi was decided by the Court of District Judge, Jaipur District, Jaipur vide order dated 7.9.2007 holding that the Court of District Judge, Jaipur District, Jaipur has no jurisdiction to entertain the petition for want of territorial jurisdiction. However, in the same order dated 7.9.2007, the learned District Judge, Jaipur District, Jaipur while deciding the issue no.1, held Smt. Kani Devi as the first wife of deceased Kalyan Sahai. According to learned counsel for the appellant, Smt. Kani Devi engaged advocate to contest the petition filed by Smt. Chandra Devi for grant of succession certificate but unfortunately on 4.7.2007, the appellant's advocate pleaded no instructions and thereafter, the learned District Judge, Jodhpur decided the claim of the respondents no.1 to 3/claimants by the impugned order dated 9.8.2007 ex-parte and declared the respondents as successors to the properties of deceased Kalyan Sahai. According to learned counsel for the appellant, 3 S.B. Civil Misc. Appeal No.2105/2007 Smt. Kani Devi. vs. Smt. Chandra Devi & Ors. the appellant is the first wedded and legal wife of deceased Kalyan Sahai. Smt. Chandra Devi was second wife and it is claimed that Smt. Kamla Devi was third wife. According to learned counsel for the appellant, the appellant alone was entitled to succession certificate in the above situation and none else. It is also submitted that the order impugned was passed ex- parte and that too without giving notice to the appellant when the appellant's counsel pleaded no instructions. It is submitted that there was no reason for the appellants not to contest the claim of the respondents. It is submitted that in the Government department, the name of the appellant has been given as nominee and she has been admitted to be wife of deceased Kalyan Sahai. Learned counsel Mr.DC Sharma for the respondents no.1 to 3 vehemently submitted that the proceedings in such matters are summary proceedings and lengthy detail enquiry is not necessary. It is also submitted that when the counsel for the appellant pleaded no instructions, then the Court had no option but to proceed ex-parte against the appellant. In view of the above, the appeal may be dismissed. 4 S.B. Civil Misc. Appeal No.2105/2007 Smt. Kani Devi. vs. Smt. Chandra Devi & Ors. I considered the submissions of learned counsel for the parties and perused the reasons given in the impugned order as well as the record. From the facts mentioned above, it is clear that the appellant is claiming herself to be wife of deceased Kalyan Sahai whose property is involved and for whose property, the succession certificate is claimed by the respondents and others also. The appellant was pursuing her remedy in the Court of District Judge, Jaipur District, Jaipur for the same relief and the said matter continued from 27.9.1999 to 7.9.2007 for long 8 years. The issue has been decided by the Court of District Judge, Jaipur District, Jaipur in favour of the appellant about the status of the appellant being wife of the deceased. Since that Court had no territorial jurisdiction and, therefore, ultimately, the Court of District Judge, Jaipur District, Jaipur directed to return the appellant's petition for presentation in appropriate Court. In the present petition no.93A/99, which was filed in the year 1999, ex-parte order was passed on 4.7.2007 against the appellant, after passing of good time that too after pleading no instructions by the appellant's counsel. In 5 S.B. Civil Misc. Appeal No.2105/2007 Smt. Kani Devi. vs. Smt. Chandra Devi & Ors. the present case, case is made out by the appellant for setting aside the ex-parte order passed by the District Judge, Jodhpur dated 9.8.2007 and it is held that she is entitled to be given one more opportunity. In view of the above reasons, this appeal is allowed and the impugned order dated 9.8.2007 is set aside. It will be worthwhile to mention here that Smt. Kamla Devi has not challenged the impugned order which is against her. In view of the above reason, the appellant and the respondents no.9, 10 and 11 are the only aggrieved parties. The matter is very old one, therefore, the trial court is directed to decide the matter expeditiously. Both the parties who are present before this Court and the respondents no.1 to 3 are directed to appear before the trial court on 25.9.2008. The trial court shall effect the service of the other respondents expeditiously and will decide the matter as early as possible preferably within a period of six months from 25.9.2008. (PRAKASH TATIA), J. S.Phophaliya