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1981 Supreme(Cal) 158

A.K.SEN, B.C.CHAKRABARTI
STATE BANK OF INDIA – Appellant
Versus
NETAI CH. POREL – Respondent


Advocates Appeared:
DIPANKAR CHAKRABORTY, H.M.GHOSH, HARENDRA NATH HALDER, P.K.MOOKHERJEE

B. C. CHAKRABARTI, J.

( 1 ) THIS is revisional application at the instance of the petitioner, State Bank of India and is directed against an order dated Dec. 3, 1980 passed in Act 39, Case No, 414/78 of the Court of the District Delegate at Alipore.

( 2 ) FACTS are simple and may be stated thus.

( 3 ) ONE Juthikabala Porel wife of the opposite party No. 1 kept certain ornaments and jewelleries in a Safe-Deposit Locker of the State Bank of India at its main branch, Calcutta. She having died, her husband the opposite party herein applied for succession certificate in respect of the said goods which was registered as Act 39, Case No. 414/78, After the filing of the said application a question was raised by the Court as to whether the prayer for grant of succession certificate in respect of the said goods was maintainable. After hearing the learned Advocate for the opposite party the petitioner in that case, the learned District Delegate by his order dated June 12, 1978 held, on the authority of the decision in the case of Dina Nath v. Balkrishna, that the liability to refund the ornaments was a debt and as such the application for the grant of succession certificate in respect of t





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