ORDER A.K. Mathur, C.J. 1. This is an appeal directed against the order dated 14th August 1996 passed by the learned Additional District Judge, Mandla, whereby the learned Additional District Judge declined to revoke the succession certificate granted by the trial court in case No. 52 of 1994 and rejected the application filed by the appellant/objector under Section 383 of the Indian Succession Act. 2. The appellant was husband of deceased Chamelibai, and Shivdayal was father of the deceased Chamelibai. The father of the deceased Shivdayal filed a petition seeking succession certificate and in that petition, Kunwar Singh Marko who was husband of the deceased Chamelibai was not impleaded as a party. On 21.7.1995, when the Objector Kunwar Singh approached the Principal of District Education and Training Institute, Mandla for service benefits of his deceased wife Chamelibai, he came to know that Shivdayal, father of the deceased Chamelibai had obtained a succession certificate and filed the same in the Department where the deceased Chamelibai had worked, for receiving all the dues of deceased Chamelibai. Therefore, the appellant filed an application for revocation of certificate on the ground that Shivdayal obtained a certificate by misleading the facts and abusing the process of court of law. It was averred that he had married with Chamelibai according to the rites and customs of their community. The deceased Chamelibai was living with him till her death. Therefore, the appellant prayed that the order of succession certificate granted in favour of Shivdayal may be revoked and he may be granted succession certificate as he is the legitimate successor of deceased Chamelibai. 3. Shivdayal in his reply took the stand that Chamelibai was not wife of objector Kunwar Singh and also denied the marriage of Chamelibai with Kunwar Singh. He also pointed out that Chamelibai had written her clan (Gotra) as 'Sarote' and the appellant/objector Kunwar Singh writes his clan as 'Marko'. If Kunwar Singh Marko was the husband of deceased Chamelibai, then Chamelibai would have nominated him (Shivdayal) as per nominee in her service record. Therefore, Shivdayal is entitled to receive all the service benefit dues of deceased Chamelibai and not Kunwar Singh. It is also pointed out that Kunwar Singh is already employed in the State Government Department and he has already lived with his first wife and during service, he can not contract second marriage. Therefore, Shivdayal is entitled to receive all the service benefit dues of deceased Chamelibai and not Kunwar Singh. It is also pointed out that Kunwar Singh is already employed in the State Government Department and he has already lived with his first wife and during service, he can not contract second marriage. He also took a stand that Chamelibai was taken to hospital for abortion and in that process, she died. It was pleaded that the relation between the deceased Chamelibai and Kunwar Singh was adulterous and that can not be recognised. Therefore, he (Shivdayal) alone is entitled to succession certificate and Kunwar Singh is not entitled to any succession certificate. Kunwar Singh in support of his case examined himself alongwith six witnesses and Shivdayal examined himself. 4. The learned trial Court after examining the matter, came to the conclusion that the marriage of deceased Chamelibai with Kunwar Singh was not solemnized in the manner required under the custom. He also found that the factum of marriage was not found to be proved and hence he rejected the application filed by the appellant/objector Kunwar Singh. Aggrieved against this order of the learned Addl. District Judge, Mandla, the present appeal is filed by the appellant Kunwar Singh. 5. We have heard learned counsel for the parties and perused the record. Kunwar Singh Marko examined himself as O.W.1. He deposed that he is a teacher in village Bargaon. Shivdayal is his father in law. He had married Chamelibai daughter of Shivdayal. He deposed that he was earlier married with one Kunwariyabai, who is alive at present. Kunwariyabai gave birth to one female child and thereafter no child was born. Kunwariyabai gave permission to him vide Ex.P-1 to contract second marriage. After the permission so granted he contracted another marriage according to the rites and customs. He belongs to Scheduled Tribes being a 'Gond' and therefore, he contracted second marriage according to the customs and rites prevalent in Gond community and they lived together. The Panchayat was also convened in which they recognised Kunwar Singh and Chamelibai as husband and wife. A copy of decision of Panchayat has been placed on record as Ex.P2. It is alleged that during the pregnancy he admitted Chamelibai with the advice of Chamelibai's brother at Primary Health Centre Shahpura and at about 11 p.m. child and Chamelibai, died. He produced death certificates Ex.P3 and P4. A copy of decision of Panchayat has been placed on record as Ex.P2. It is alleged that during the pregnancy he admitted Chamelibai with the advice of Chamelibai's brother at Primary Health Centre Shahpura and at about 11 p.m. child and Chamelibai, died. He produced death certificates Ex.P3 and P4. He deposed that after death of Chamelibai, he sent an information to his in law's house. He also deposed that the factum of marriage was recognised by his father in law and in that support, he produced number of correspondence i.e. Ex.P5, P6 and P7 which show that Shivdayal had addressed in these communications to his father as elder father in which he recognised him as Damad i.e. son in law. He also deposed that he also sent a communication to the office where Chamelibai was working, that she is his wife. He deposed that the Department referred to his name in the correspondences with regard to pension, gratuity and G.P.F. of Chamelibai vide Ex.P8 and P9. He deposed that Chamelibai was married before him with Gajraj Singh. Gajraj Singh had contracted second marriage therefore, Chamelibai got married with him and he pleaded that in the Adivasi custom there is no prohibition for second marriage during the life time of first marriage. He deposed that all the villagers and relatives accepted Chamelibai as his wife. He deposed that the succession certificate was sought by his fatherinlaw but he did not receive any such information. He admitted that he did not seek any permission from the Department for contracting second marriage. 6. Another witness Chetram (O.W.2) deposed that he knows Kunwar Singh and Chamelibai. Chamelibai was second wife of Kunwar Singh. He deposed that the marriage of Kunwar Singh and Chamelibai was solemnized in presence of Panchas. He deposed that in their caste and community, there is no prohibition for having more than two to three wives, he deposed that their marriage was solemnized according to the rites and customs of the caste. He deposed that by throwing turmeric powder on the bride and bridegroom, there is solemnization of marriage in their custom. This was done in his presence and after marriage function was over, there was a feast. In that the parents of Chamelibai and other relatives and villagers had joined. He deposed that the relation between fatherinlaw and soninlaw was cordial. He deposed that by throwing turmeric powder on the bride and bridegroom, there is solemnization of marriage in their custom. This was done in his presence and after marriage function was over, there was a feast. In that the parents of Chamelibai and other relatives and villagers had joined. He deposed that the relation between fatherinlaw and soninlaw was cordial. He deposed that the second marriage was contracted by Kunwar Singh with permission of his earlier wife Kunwariyabai. Dhokal Singh (O.W.3) is another witness and he supported the testimony of O.W.2 Chetram that marriage of Kunwar Singh and Chamelibai was solemnised by throwing turmeric powder on both of them. He deposed that he was present on that day. The marriage was solemnised in the presence of parents of Chamelibai and Panchas. O.W.4 Ram Kumar Dubey deposed that the marriage of Kunwar Singh and Chamelibai was solemnised by him as per Vedic system also. He deposed that dinner was held on that day. O.W.5 Narayan Prasad Tiwari deposed that both, Kunwar Singh and Chamelibai lived as husband and wife. O.W.6 Jumman Lal and O.W.7 Amar Singh Maravi also deposed that both, Kunwar Singh and Chamelibai were living as husband and wife. 7. As against this, Shivdayal came into witness box as A.W.1 and he has denied the marriage and relation between Kunwar Singh and Chamelibai, though communications which have been sent by him have not been denied by him. He asserted that Chamelibai in her service record, nominated him as her nominee. He examined one Bhangilal as AW.2 who supported the case of Shivdayal. 8. After going through the records and findings recorded by the Court below, we are of the view that the view taken by the learned Additional District Judge does not appear to be well founded. The factum of marriage is beyond doubt as per the statements and documents produced by the Objector and the communications which have been placed on record as Exs. P5, P6 and P7, in which Shivdayal, father of deceased Chamelibai admits that Kunwar Singh is his soninlaw (Damad). An application was filed by Shivdayal for seeking succession certificate in which he did not implead Kunwar Singh as a party and he obtained a certificate exparte. When this fact came to the knowledge of the appellant Kunwar Singh, he immediately filed an application for revocation of certificate. An application was filed by Shivdayal for seeking succession certificate in which he did not implead Kunwar Singh as a party and he obtained a certificate exparte. When this fact came to the knowledge of the appellant Kunwar Singh, he immediately filed an application for revocation of certificate. The appellant led the evidence to show that in fact he was duly married to deceased Chamelibai and the so called succession certificate given to Shivdayal was obtained by him by not impleading Kunwar Singh as a party and, therefore, it was an abuse of the process of the Court. We are satisfied that as per the evidence, which has been laid by Kunwar Singh it is established beyond doubt that both Kunwar Singh and Chamelibai were duly married in the manner according to the custom of the Tribe i.e. Gond Community. According to custom of Gond as stated by Chetram, O.W.2, and Dhokal Singh, O.W.3, by throwing turmeric powder on both, bride and bridegroom marriage is solemnized as per their customs and rites. That apart, marriage was also solemnized according to the Vedic system. It has also been pleaded by the objector that the contracting of second marriage or third marriage is not prohibited in their Gond community. The objector filed a letter given by his earlier wife by giving permission to him for contracting second marriage and this was also recognised by the Panchas. Apart from this, the learned counsel for the appellant has also invited our attention to the Tribes and Castes of the Central Provinces of India by R.V. Russell, Volume III, Macmillan and Co., Limited, St. Martin's Street, London, Edition 1916, wherein the marriage of Tribes of Central Provinces of India like gond have been described in detail at page 82, which reads as under: Polygamy is freely allowed and the few Gonds who can afford the expense are fond of taking a number of wives. Wives are very useful for cultivation as they work better than hired servants, and to have several wives is a sign of wealth and dignity, a man who has a number of wives will take them all to the bazar in a body to display his importance. A Gond who had seven wives in Balaghat was accustomed always to take them to Bazar like this, walking in a line behind him. A Gond who had seven wives in Balaghat was accustomed always to take them to Bazar like this, walking in a line behind him. Therefore, the custom to keep more than one wives is permissible in the Gond community. This has also been proved by the evidence led by the objector's witnesses i.e. O.W.1, 0.W.2 and O.W.3. Therefore, both the aspects have been fully satisfied in the present case and that in Gond community, keeping of more than one wives is permissible and the second marriage of Kunwar Singh with deceased Chamelibai was solemnised according to the rites and customs prevalent in the Gond Community, as Kunwar Singh had established that he is the successor of deceased Chamelibai, the succession certificate granted in favour of Shivdayal is liable to be revoked and the present appellant Kunwar Singh is entitled to the same. 9. In this view of the matter, the view taken by the learned Additional District Judge does not appear to be well founded. Hence, we allow this appeal and set aside the order passed by the learned Additional District Judge dated 14.8.1996 and reject the application filed by Shiv Dayal for succession certificate. Let a succession certificate be issued in favour of Kunwar Singh. No orders as to cost. Appeal allowed