1. This revision is directed against the order dated 4.9.98 passed by the Subordinate Judge 1st, Muzaffarpur in Succession Case no. 27/92 by which the court below has kept the Succession Case for issuance of Succession Certificate under Chapter (sic-Part) X of the Indian Succession Act (hereinafter referred to as the Act) in abeyance and has directed the opposite party to get the declaration from the competent Civil Court that she is a legally married wife of Late Jawahar Poddar.

2. Jawahar Poddar son of Moti Poddar resident of village & P.O. Itaha, PS. Saikra, District Muzaffarpur, died on 25.6.91 at his village. The petitioner claiming himself to be the full brother of wahar Poddar, deceased filed an application for grant/issuance of a Succession Certificate under Chapter (sic-Part) X of the Indian Succession Act which was numbered as Succession Case no. 27/1992. He examined three witnesses and also filed documents in support of his assertion. In the meantime on 14.9.92 Opp. Party Parwati Devi filed an application claiming herself to be the third wife of deceased Jawahar Prasad and prayed for that she may be added as objector in the succession case. She also asserted the maintainability of the proceeding at the instance of the petitioner. She also filed certain documents in support of her claim of being the widow of the deceased. The Court below after hearing the parties by the impugned order came to the conclusion that the question as to whether the opposite party is the widow of Late Jawahar Poddar or not requires thorough enquiry which is not possible in the summary proceeding under section 373 of the Succession Act and accordingly ordered her to get a declaration from the Civil Court that she is legally married wife of Sri Poddar and in the meantime kept the succession case in abeyance.

3. Learned counsel for the petitioner submitted that at the stage of grant of succession certificate the court cannot go into the complicated question of right and title. It has only to decide as to who is entitled to the certificate even when there are more than one claimants. If the court finds that the question of law is too intricate and difficult for the determination in the summary proceeding even then it can grant a certificate to a person who appears to have a prima facie best title to certificate. But in this case the court below without making any effort to decide the question has passed the impugned order and thus failed to exercise its jurisdiction vested in it.

4. Though the other side has appeared but nobody appeared on the date when the case was taken up.

5. Chapter (sic-Part) X of the Act deals with Succession Certificate. This part has been incorporated with sole object to obtain appointment of some person to give legal discharge of debtors to the estate for debts due. In other words, the object is to facilitate the collection and debts by the heirs of the deceased and to enable the debtor to obtain valid discharge.

6. Section 373 deals with procedure to be followed on filing an application for certificate, which runs as follows :

(1) If the District Judge is satisfied that there is ground for entertaining the application, he shall fix a day for the hearing thereof and cause notice of the application and of the day fixed for the hearing- (a) to be served on any person to whom, in the opinion of the judge, especial notice of the application should be given, and

(b) to be posted on some conspicuous part of the court-house and published in such other manner, if any, as the judge, subject to any rules made by the High Court in this behalf thinks fit and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in a summary manner the right of the certificate

(2) When the judge decides the right thereto to belong to the applicant, the judge shall make an order for the grant of the certificate to him.

(3) If the judge cannot decide the right to the certificate without determining questions