JUDGMENT :

J.C. DOSHI, J.

1. In this petition under Article 227 of the Constitution of India, the petitioner challenges order dated 21.01.2023 passed below Exh.1 in Civil Miscellaneous Application No. 174 of 2022, where-under the learned Court below returned the plaint to the plaintiff in exercise of power under Order 7 Rule 10 of the Code of Civil Procedure for filing the same before the Court having jurisdiction to grant succession certificate.

2. Brief facts of the case can be stated as under:

2.1. The petitioner preferred application under section 372 of Indian Succession Act, 1925 (in short ‘the Act’) seeking relief to issue succession certification in the name of the petitioner for different movable securities stated in Para 3 of the petition. Said petition was registered as Civil Miscellaneous Application No. 174 of 2022 before the Court below. The petition was kept for hearing on the issue of territorial jurisdiction. Learned Court below having referred to the provisions under the Act as well as provisions of Code of Civil Procedure, held that the Civil Court, Vadodara has no territorial jurisdiction to entertain and grant relief of issuing succession certificate as deceased died in Mumbai.

3. Being aggrieved and dissatisfied with the impugned order, the petitioner has filed this petition.

4. Learned advocate Mr. Bhargav Hasurkar for the petitioner submit that present petitioner-Umaben is daughter of late Ramanlal Shah and late Kamalaben Shah. He would further submit that late Ramanlal Shah firstly married to Kamalaben and during wedlock, present petitioner as well as her brother Bankim were born. On demise of first wife- Kamlaben, late Ramanlal Shah married to Kumudben and wedlock has given birth to two sons viz. Sudhir and Pankaj. He would submit that late Ramanlal Shah passed away on 03.12.2014 at Cerritos, Los Angeles, California, United States, whereas, Kumudben passed on 09.10.1992 at Mumbai. He would further submit that late Ramanlal and Kumudben have left behind movable properties in terms of share of different companies stated in Para 3 of the petition. Learned advocate would further submit that out of siblings, Sudhir and Pankaj have stated no objection, whereas, the petitioner is not knowing whereabouts of heirs of late Bankim Shah.

5. After narrating facts, learned advocate Mr. Bhargav Hasurkar assailing the impugned order would submit that learned Court below failed to appreciate application of section 18 to 20 of Code of Civil Procedure as well as section 371 of the Act to determine that Court below has territorial jurisdiction to try and decide the application for succession certificate. He would further submit that out of various shares mentioned in Para 3 of the petition, late mother Kumudben was holding shares of Deepak Nitrite Limited having Folio No. K000075. It is submitted that Deepak Nitrite Limited is carrying business within territorial jurisdiction of District Court, Vadodara having its registered office at Vadodara. Therefore, in view of 2nd part of section 371 of the Act as well as in view of section 20(C) of the Code of Civil Procedure, the District Court, Vadodara was having jurisdiction to try and decide the application This submission was canvassed by learned advocate for the petitioner to allow the petition. He would further submit that Court below has erred in relying and interpreting provision of law referred herein above. It is also submi