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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Rakesh S/o Sh. Kapoor Singh – Appellant
Versus
Public, At General – Respondent
ORDER :
Nupur Bhati, J.
1. The instant petition has been filed by the petitioners under Article 227 of the Constitution of India challenging the order dated 22.11.2024 (Annex.8) passed by Additional District and Session Judge, Suratgarh (hereinafter as ‘trial Court’) in Civil Misc. Petition No.37/2024 whereby application filed by the petitioners under Section 151 of the Code of Civil Procedure, 1908 (hereinafter as ‘CPC’) for grant of temporary injunction has been dismissed. The petitioners seek following relief:
“It is, therefore, most humbly and respectfully prayed that the instant writ petition may kindly be allowed and by issuing an appropriate writ, order or direction and the impugned order dated 22.11.24 (Annex-8) may kindly be ordered to be quashed and set aside to the extent of deciding the application preferred by the petitioners u/s 151 of the Civil Procedure Code, 1908.
It is furthermore prayed that the application preferred by the petitioners under section 151, CPC may kindly be allowed in toto.
Any other appropriate relief which this Hon'ble High Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner”
2. Briefl
Nominees under insurance policies do not hold beneficial interest; legal heirs must pursue civil suits for rights determination despite summary nature of succession certificate proceedings.
The court clarified that proceedings under Section 372 of the Indian Succession Act are summary and do not grant final adjudication of rights, allowing for provisional determinations to meet urgent n....
The main legal point established in the judgment is that a Succession Certificate under Section 372 of the Indian Succession Act is limited to debts and securities, and does not extend to movable and....
Succession Certificate – Courts are required to deal with application under Section 372 of Succession Act in a summary manner without asking for strict proof as contemplated under Indian Evidence Act....
A Deputy Collector lacks jurisdiction to issue a succession certificate for terminal benefits under the Indian Succession Act; claimants must seek relief through a competent civil court.
Nominee status can impact succession claims; both marriages considered in succession certificate decision despite first marriage's validity.
(1) Grant of Succession Certificate by ex-parte order – Where an application is defective or material facts have been suppressed or misstated, certificate issued pursuant thereto is liable to be revo....
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