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| ----O.XLI, R.23---succession Act (XXXIX of 1925), S.370---Status of petitioner as determined in successioncertificate ---Value of---Petitioner having been granted succession certificate as
widow of deceased, same was declared to be of no legal effect by the
Court on a suit filed by respondent heirs---Petitioner filed appeal
wherein on both parties'statements case was remanded for decision
afresh---Suit was again decreed against petitioner so also
appeal---Petitioner's contention in revision was that at the time of
remand of suit, question as regards, status of petitioner stood finally
decided, therefore it was not open to Trial Court in post-remand
proceedings to have given a finding that she was not a widow of
deceased---Perusal of statements, made by parties on basis of which
remand order was passed showed that question as to who were heirs of
deceased was specifically left open and remanded to Trial
Court---Petitioner thus could not contend that her status as heir of
deceased was no longer in issue and could not have been decided by Trial
Court. |
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