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Judgment
Rohit Arya, J.—With the consent of parties, revision is heard finally.
This petition is directed against the order dated 31/7/2013 passed by I Civil Judge, Class-I, Vidisha in MJC No. 10/2012; whereby, an application seeking correction in the original order of Succession dated 25/4/2008; based upon which further consequential correction in succession certificate issued on 20/11/2010 was also sought, has been rejected.
In the application inter alia it was contended that pursuant to succession certificate granted (supra), the Education Department has already released retiral benefits of deceased S.K. Shrivastava to the succession certificate holders; however, family pension has not been released on the premise that as per Civil Services (Pension) Rules, 1976, the family pension is only payable to wife and not to sons and daughters. Hence, the department required the plaintiffs to seek modification of the order passed on 25/4/2008; wherein, while passing the order for issuance of succession certificate, Court below amongst other benefits has also included the family pension, therefore, prayer was made to delete family pension by correcting the order dated 25/4/2008. Said application has been rejected by the impugned order stating that such power does not vest to the Court to correct the mistake.
Having perused the order impugned and the statement made, this Court is of the opinion that u/s 151 of CPC, the Court can correct the errors made in the order to meet the ends of justice. Accordingly, impugned order is set aside. This revision is allowed with the direction to trial Court to indicate family pension payable to the widow of Late S.K. Shrivastava as family pension is payable to wife only under Rule 47(11) of the Civil Services (Pension) Rule, 1976. The trial Court is also directed to make correction in the succession certificate dated 20/11/2010 accordingly within six weeks from the date of presentation of certified copy of this order. With the consent of parties, the aforesaid direction is being issued.
Revision stands allowed and disposed of with the aforesaid directions.