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IN THE HIGH COURT OF MADRAS
Noor Mohammad and Anr.
Versus
Mohamad Kareem and Anr.
Decided On : 20.01.1938
Section 295 - Indian Succession Act - Court's obligation to make a full enquiry in case of contention
Fact of the Case:
The learned District Judge's order was not supported as the Court refused to make a full enquiry, contrary to Section 295 of the Indian Succession Act.
Finding of the Court:
The Court allowed the appeal, set aside the District Judge's order, and directed the case to be restored and dealt with according to law.
Issues: Refusal of the Court to make a full enquiry, contention in the case, and the summary fashion of decision-making by the District Judge.
Ratio Decidendi: The Court emphasized the obligation to conduct a full enquiry in case of contention, as per Section 295 of the Indian Succession Act, and rejected the summary fashion of decision-making.
Final Decision: The appeal was allowed, the District Judge's order was set aside, and the case was directed to be restored and dealt with according to law.
1. The order of the learned District Judge cannot be supported. It is not permissible for the Court to refuse to make a full enquiry. Under Section 295 of the Indian Succession Act, where there is contention the proceedings must take the form of a regular suit according to the Civil Procedure Code. There was certainly contention in this case and the learned District Judge could not proceed to decide the matter in a summary fashion, leaving his decision subject to modification in a suit to be filed afterwards.
2. We allow this appeal and set aside the order of the learned District Judge. The case must be restored to file and dealt with according to law after directing the appellants and the second respondent to file duly stamped caveats. Costs of this appeal to abide and follow the result.
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