1960 Supreme(Pat) 203

PATNA HIGH COURT
N.L.Untwalia, J.
Deo Kumar Singh
Versus
Kailash Singh
Civil Revision No. 739 of 1960 ;
Decided On : NOVEMBER 29, 1960

The main legal point established is that on the death of an applicant for a succession certificate, the proceeding lapses and there can be no substitution of the heirs or the alleged heirs of the applicant.

Headnote:

Substitution - Succession Certificate - The court accepted the point that on the death of an applicant for a succession certificate, the proceeding lapses and there can be no substitution of the heirs or the alleged heirs of the applicant.

Fact of the Case:

The court set aside the order of the learned Additional District Judge of Saran passed in Succession Certificate Case No. 40 of 1956.

Finding of the Court:

The court found that the proceeding lapses on the death of an applicant for a succession certificate and there can be no substitution of the heirs or the alleged heirs of the applicant.

Issues: The issue was whether the proceeding can continue and heirs can be substituted after the death of the applicant for a succession certificate.

Ratio Decidendi: The court's decision was influenced by the authority of Sm. Fatemanesha Begum V/s. Sk. Mahidin, 48 Cal WN 673, which supported the view that the proceeding lapses on the death of the applicant and there can be no substitution of heirs.

Final Decision: The court allowed the application and set aside the order of the learned Additional District Judge of Saran.