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2002 Supreme(Ori) 219

BIMALA PRASAD DAS
Saukat Ansari – Appellant
Versus
Asrafan Nesa – Respondent


Advocates:
For Petitioner:M/s. Sk. Enamur Raheman, J. K. Chhotray and B. Bhuyan
For Opp. parties:Md. Irshad, Miss S. Dash, Mrs. M. Pradhan, Md. Fayaz, M. M. Behera and A. C. Sahoo

JUDGMENT

B. P. DAS, J. — This revision is directed against the order dated 5th January, 2002 passed by the Additional District and Sessions Judge (Fast Track Court), Baripada in Succession Misc. Appeal No. 2/27 of 2001-97 upholding the order dated 3.10.97 passed by the learned Civil Judge (Senior Division), Karanjia in Succession Misc. Case No. 5/96 allowing the prayer of the appli¬cant-Md. Nabi i.e., the predecessor-in-interest of the present opposite parties and directing to grant succession certificate in favour of the aforesaid applicant.

2. The petitioner, who claims to be the foster son of the deceased Sk. Sahadulla and his widow, objected to the grant of such succession certificate to Mohammad Nabi, the natural brother of the deceased Sk. Sahadulla, i.e., the predecessor-in-interest of the present opposite parties on the ground that no succession certificate can be granted as the said application do not come within the scope and ambit of Section 372 of the Indian Succes¬sion Act, 1925 (for short ‘the Act’). In this context it is contended before this Court on behalf of the petitioner that the seized ornaments can by no stretch of imagination be construed as a ‘debt’, as it h





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