The provisions of Section 372(1)(c) of the Indian Succession Act, 1925 are mandatory and non-compliance thereof calls for revocation of the certificate under Section 383 of the Act.

( 1 ) THIS is an appeal preferred by the petitioner against the order in I. A. No. 597 of 1984 in O. P. No. 35 of 1984, on the file of the District Judge, Kurnool. Under that I. A. , the petitioner sought revocation of the succession certificate granted to the present respondent No. 1 vide order dated 3-7-1984 of the District Judge, Kurnool in O. P. No. 35 of 1984. By the impugned judgment and order dated 22/12/1988 passed by the District Judge in I. A. No. 597 of 1984 in O. P. No. 35 of 1984, the learned District Judge, Kurnool dismissed that application. It is in these circumstances, the petitioner in I. A. No. 597 of 1984 has come to this Court by way of an appeal under Section 384 of the Indian Succession Act (hereinafter referred to as the Act ).

( 2 ) THE learned counsel for the appellant strenuously contended that the Court below was in error in not revoking the Succession Certificate granted in favour of respondent No. 1 having regard to the materials on record. He also submitted that granting Succession certificate itself was illegal. Therefore, it was a case for revocation of the said Certificate under. Section 383 of the Indian Succession Act. The learned counsel for the respondents supported the impugned judgment and order and he submitted that the same does not call for interference by this Court in this appeal. In order to appreciate the rival contentions, I have to note few facts of the case.

( 3 ) ONE Smt. Narayanamma died on 28-6-1981. The present petitioner and another person had executed a pronote in her favour for Rs. 20,000-00. That was a debt to the present petitioner from the deceased Narayanamma. In those circumstances, the present respondent No. 1 claiming himself to be the adopted son of deceased Narayanamma filed an application for issue of a Succession Certificate under Section 372 of the Act. After summary enquiry under Section 373 of the Act, the learned District Judge, Kurnool vide judgment and order dated 3-7-1984 in O. P. No. 35 of 1984 granted Succession Certificate in favour of the present respondent No. 1. Thereafter, the present appellant filed an application in I. A. No. 597 of 1984 requesting the Court below to cancel the Succession Certificate issued to the present respondent No. 1. By the impugned order that I. A. No. 597 of 1984 has Been dismissed by the Court below. It is in these circumstances, this appeal is preferred.

( 4 ) THE learned counsel for the appellant urged the following points in support of his arguments. 1. The application filed by the respondent No. 1 for the issue of Succession Certificate was defective and not in conformity with Section 372 of the Act, in the sense that the application did not furnish particulars required under Section 372 (1) (f) of the Act; i. e. , that respondent No. 1 did not furnish the name and description of the near relations. He further submitted that the provisions of Section 372 of the Act being mandatory and its non-compliance calls for revocations of the Certificate issued in favour of respondent No. 1 under Section 383 of the Act. 2. The certificate by itself does not confer any title on the certificate holder. It only enables the certificate holder to give the discharge regarding the debt due to deceased. In these circumstances, the Court below should not have granted the Certificate without directing respondent No. 1 to furnish either a bond with one more surety or sureties, or other sufficient security so as to indemnify certain persons who may be entitled to the whole or any part of those debts and securities in terms of Section 375 of the Act. Therefore, the order is bad even on this count also. He further submitted that in the impugned order the Court below did observe that the matter involves certain issues which are too intricate and difficult to determine any summary proceedings. If it is so, it is a certificate under Section 373 (3) read with Section 375 of the Act such a certificate can be granted only on