JUDGMENT : This revision under section 115 of Civil Procedure Code has been filed against the order dated 7-11-2012 passed by the District Judge, Datia in Miscellaneous Civil Appeal No. 4/2012 arising out of order dated 20-6-2012 passed by the First Civil Judge, Class-I, Datia in Succession Case No. 12/2012, by which the claim of the applicant has been rejected and succession certificate has been issued in favour of respondents No. 1 to 5. 2. The necessary facts for disposal of the present petition in short are that Late Gopal Kori, father of respondents No. 1 to 5, was working on the post of Peon in PHE Department, Datia. He died in harness on 30-5-2010. Late Gopal Kori was having Saving Bank Account No. 1076983647 in the State Bank of India as well as was also having GPF account. After his death, respondents No. 1 to 5 stake their claim for payment of amount, however, they were directed to obtain the succession certificate. Accordingly, an application for grant of succession certificate was filed. 3. The applicant claimed herself to be the legally wedded second wife of Late Gopal Kori and, therefore, she also submitted an objection before the competent Court. It was her case that the name of first wife of Gopal Kori was Smt. Rajkumari, who died on 18-8-2002. Thereafter, the Gopal Kori solemnized second marriage with the applicant. An agreement of marriage was also executed between the parties, which was duly notarized on 29-12-2004. It was mentioned in the affidavit that the first husband of the applicant had died on 22-10-1998 and, therefore, she was not having any living spouse at the time of second marriage. It was also mentioned in the application that Gopal Kori was residing with the applicant at Indra Nagar Colony, Gwalior and accordingly, a death certificate was also issued. The last rites of Gopal Kori were performed by the son of applicant, as Gopal Kori did not have any male issue from her first wife. The name of the applicant was also recorded as the mother of respondents No. 1 and 5, who are the minor daughters of Late Gopal Kori. Since Late Gopal Kori did not have any male issue, therefore, he had love and affection towards the son of the applicant and, accordingly, the name of Gopal Kori was also mentioned as father in his school certificate. 4. Since Late Gopal Kori did not have any male issue, therefore, he had love and affection towards the son of the applicant and, accordingly, the name of Gopal Kori was also mentioned as father in his school certificate. 4. On the basis of the pleadings, the trial Court framed the following issues:— i). Whether Gopal Kori died on 30-5-2010? (ii). Whether only applicants (respondents) are legal heirs of Gopal Kori? (iii). Whether objector/applicant is also legal heir of Gopal Kori? (iv). Whether the applicants (respondents) are entitled to receive the amount of GPF amount etc.? 5. The trial Court after considering the ocular as well as documentary evidence, rejected the objections raised by the applicant and directed to issue succession certificate in favour of respondents. The order passed by the trial Court was challenged by the applicant by filing an appeal under section 384 of Indian Succession Act, which too suffered dismissal by impugned order dated 7-11-2012 passed by the District Judge, Datia in Miscellaneous Civil Appeal No. 4/2012. 6. Challenging the orders passed by the Courts below, it is submitted by the counsel for the applicant that the Courts below failed to see that the applicant was nominated as nominee in the service records by Late Gopal Kori. Since Gopal Kori as well as applicant were residing together for the last several years, therefore, it has to be presumed that they were the husband and wife and the Courts below failed to see that the name of the applicant was mentioned as mother of the respondents No. 1 and 5 in the school records as well as in the mark-sheets, therefore, it is clear that the applicant was the legally wedded wife of Late Gopal Kori. 7. The applicant has also filed an application under Order XLI, Rule 27, Civil Procedure Code which has been marked as IA No. 4150/2013. This application shall be decided by this order itself. 8. Per contra, it is submitted by the counsel for the respondents that so far as the application under Order XLI, Rule 27, Civil Procedure Code is concerned, the applicant has not assigned any reason as to why the death certificate of the earlier husband of the applicant was not filed at the earliest either before the trial Court or before the Appellate Court. Mere explanation given by the applicant that the document was given by the applicant to her counsel who did not submit before the Court, cannot be accepted because if the counsel for the applicant had consciously not filed the said document, then it cannot be said that any good ground is made out for filing this document along with the application under Order XLI, Rule 27, Civil Procedure Code. It is further submitted that the applicant had come up with a specific case that she was married to Late Gopal Kori and both the Courts below have given a concurrent finding of fact that since the marriage was not performed as per the Hindu rites and rituals, therefore, the applicant was not the legally wedded wife of Late Gopal Kori. It is further submitted that under these circumstances, no presumption can be drawn on the basis of long cohabitation. 9. Heard learned counsel for the parties. 10. It is the case of the applicant that neither she nor Late Gopal Kori had living spouse and accordingly, they had performed marriage. Although the trial Court had held that since the applicant has failed to produce the death certificate of her first husband, therefore, it is not clear that whether she was having any living spouse at the time of her cohabitation with Gopal Kori or not, but in spite of such a finding, the applicant did not file the death certificate of her first husband before the Appellate Court. However, it is the specific case of the applicant that she was married to Gopal Kori and in order to prove her marriage, she has examined herself as DW-1, Jagdish Pal as DW-2 and Smt. Asha Chauhan as DW-3. 11. Jagdish Pal (DW-2) has admitted that he had not attended the marriage ceremony of Gopal Kori with the applicant. He has merely stated that he was informed by Gopal Kori that he has married the applicant and he has further stated that Gopal Kori was residing with the applicant as her husband. However, Smt. Asha Chauhan (DW-3) has claimed that she had attended the marriage ceremony of Gopal Kori with the applicant. She has stated that marriage of the applicant with Gopal Kori was performed in Hanumangadhi Temple by exchange of garlands and an agreement was executed. This witness has not stated that Saptpadi was performed. However, Smt. Asha Chauhan (DW-3) has claimed that she had attended the marriage ceremony of Gopal Kori with the applicant. She has stated that marriage of the applicant with Gopal Kori was performed in Hanumangadhi Temple by exchange of garlands and an agreement was executed. This witness has not stated that Saptpadi was performed. The applicant (DW-1) has stated that her marriage was performed with Gopal Kori on 29-12-2004 and an agreement of marriage was also executed, which is Ex.D/7. This witness has also not stated that her marriage was performed by observing Saptpadi. This witness has not stated that Saptpadi was performed. The applicant (DW-1) has stated that her marriage was performed with Gopal Kori on 29-12-2004 and an agreement of marriage was also executed, which is Ex.D/7. This witness has also not stated that her marriage was performed by observing Saptpadi. The marriage agreement (Ex.D/7) reads as under :— ¼oSokfgd vuqcU/k i=½ vkt fnukad 29&12&2004 dks LFkku nfr;k e/; Áns'k esa mHk; i{kksa ds e/; ;g oSokfgd vuqcU/k i= fu”ikfnr fd;k tk jgk gSA ¼1½ jkecsVh iq=h Jh dkarkÁlkn dksjh vk;q djhc 40 o"kZ fuoklh fou; uxj Xokfy;j e/; Áns'k] &&&& ÁFke i{k ¼2½ jke xksiky dksjh ru; Jh [kPpw dksjh vk;q 45 lky fuoklh xfM;k xk¡o [ksjk Fkkuk Áseuxj >k¡lh m-Á &&&&&f}rh; i{k pw¡fd ÁFke i{k ds ifr dk nsgkUr 9 o"kZ iwoZ gks pqdk Fkk] tc ls og fo/kok dk thou ;kiu dj jgh gS vHkh mldh mez Hkh de gS rFkk mls thou ;kiu djusa gsrq ,d thou lkFkh dh vko';drk gS bl gsrq og viuh LosPNk ls f}rh; i{k ds lkFk oSokfgd lEcaU/k LFkkfir djuk pkgrh gSA f}rh; i{k Hkh fo/kqj dk thou O;rhr dj jgk gS mldh Hkh iRuh dk nsgkUr gks pqdk gS rFkk og 'kkldh; lsok esa yksd LokLF; ;kaf=dh; foHkkx nfr;k esa inLFk gS mls Hkh vius thou ;kiu gsrq ,d thou lkFkh dh vk';drk gS vr% mHk; i{k viuh&viuh ikjLifjd lgefr ,oe Lohd`fr ds vk/kkj ij ;g oSokfgd vuqcU/k i= fuEukafdr n'kkvksa ,oe voLFkkvksa esa fu"ikfnr dj jgs gS& ¼1½ ;g fd vkt ls mHk; i{k fgUnq /keZ ds vuqlkj ifr&ifRu ds #i esa jgsaxsa rFkk fgUnq fookg vf/kfu;e ds vuqlkj mUgsa og leLr vf/kdkj ÁkIr gksaxsa tks fgUnq /keZ ds vuqlkj ifr&ifRu dks ÁkIr gksrs gSaA ¼2½ ;g fd vkt ls ÁFke i{k viusa ifr /keZ dk ikyu djrs gq, f}rh; i{k dk iwjk /;ku j[ksxh rFkk f}rh; i{k Hkh viuh ifRu dk iwjk /;ku j[ksxk rFkk le;≤ ij [kkuk ihuk ,oe diM+k vkfn fd iwjh O;oLFkk djsxk rFkk ifr&ifRu ds #i esa mHk; i{kksa lq[ke; thou ;kiu djsaxsaA ¼3½ ;g fd mHk; i{k ds ikl tks Hkh lEifRr gS mlesa ifr&ifRu ds #i esa nksauksa dk leku vf/kdkj gksxk] f}rh; i{k tks fd 'kkldh; deZpkjh gS mldk tks Hkh Q.M ,oe chek gksxk mlesa ÁFke i{k dk leku vf/kdkj jgsxk rFkk ÁFke i{k Hkh 'kkldh; deZpkjh gS mlds Hkh tks Q.M ,oe chek gksxk mlesa f}rh; i{k ifr ds #i esa mRrjkf/kdkjh ds #i esa gdnkj gksxkA ¼4½ ;g fd mHk; i{k dh tks lUrku iwoZ ‘kknh dh gS og vc mHk; i{k es LkkFk ugha jgrh gS bldk dkj.k tks iwoZ ds cPps gSa mudk jkecsVh ,oe jke xksiky dh lEifRr esa vc dksbZ vf/kdkj ugha gksxkA ¼5½ ;g fd vkt ls jkecsVh ,oe jkexksiky dks ,d nwljs ds og leLr vf/kdkj ÁkIr gksaxsa] tks fgUnq /keZ ds vuqlkj ifr&ifRu dk ÁkIr gksrs gSa] vr% vkt ls mHk; i{k ifr&ifRu ds #i esa thou ;kiu djsaxsaA vr% LoLFk foRr fu%jksx nsg fcuk fdlh ncko ;k ÁHkko ds mHk; i{kksa us ;g oSokfgd vuqcU/k i= fu"ikfnr dj fn;k gS tksfd lun jgs oDr t#je ij dke vkos fnukad& 29&12&2004 gLrk{kj ÁFke i{k gLrk{kj f}rh; i{k lk{khx.k %& 1- dUgs;kyky ru; Jh /kuhjke fuoklh xfM;k xk¡o [ksjk Fkkuk Áseuxj >k¡lh m-Á- 2- Jherh v#.kk JhokLro ifRu Lo- Jh jes'k JhokLro fuoklh ihrkEcjk iqjh nfr;k e-Á- 3- Jherh vk'kk pkSgk.k ifRu Jh v'kksd fuoklh fou; uxj Xokfy;j ¼e-Á-½ 12. In the marriage agreement also it is nowhere mentioned that the marriage has been performed by observing Saptpadi. It is well established principle of law that marriage is not a contract under the Hindu Law. Under these circumstances, where the applicant herself has led specific evidence that they were residing together in the light of the marriage agreement (Ex.D/7), then this Court is of the considered opinion that the marriage of the applicant with Late Gopal Kori was not performed in accordance with law and under these circumstances, mere long cohabitation between the parties would not give rise to a presumption that they are the husband and wife. Once this Court has come to a conclusion that the applicant has failed to prove that she was legally married to Late Gopal Kori, then whether the first husband of the applicant had already expired or not, would lose its importance. Under these circumstances, this Court is of the considered opinion that IA No. 4150/2013, which has been filed under Order XLI, Rule 27, Civil Procedure Code, cannot be allowed. Accordingly, it is rejected. 13. So far as the nomination of the applicant as a nominee in the service record is concerned, mere nomination as nominee would not give rise to any right in favour of the applicant. Nominee merely holds the money as a trustee entitled to distribute the amounts, to the heirs of the deceased. 14. As the applicant has failed to prove that she was the legally wedded wife of Late Gopal Kori, therefore, this Court is of the considered opinion that the Courts below did not commit any mistake in rejecting the claim of the applicant. Accordingly, the order dated 7-11-2012 passed by the District Judge, Datia in Miscellaneous Civil Appeal No. 4/2012 and the order dated 20-6-2012 passed by the First Civil Judge, Class-I, Datia in Succession Case No. 12/2012 are hereby affirmed. 15. The revision fails and is hereby dismissed. Revision dismissed.