DEEPESH MAHESWARI AND ANR. vs RENU MAHESWARI AND ORS

AI SUMMARY

Facts

📌 Paras 2-3

Respondents filed an application under Section 372 of the Indian Succession Act, 1925, for a succession certificate to receive the retiral benefits of their deceased father, Om Prakash Maheshwari. They claimed to be his daughters, stating their mother had predeceased him. The employer opposed this, citing the official record listing the wife as Malti Maheswari, not Asha Maheswari. The Succession Certificate was granted.

Core Issue

📌 Para 4

Whether an application under Order IX Rule XIII of the Code of Civil Procedure, 1908 (CPC), to set aside an ex parte order granting a Succession Certificate, was maintainable when the party had appeared in a subsequent appeal against the said order.

Ratio (Court's Decision)

📌 *Paras 7-10