B. P. ROUTRAY
Ajit Mahanandia – Appellant
Versus
St. Aladini Prem – Respondent
JUDGMENT
B. P. Routray, J. - Present appeal is preferred under Section 384 of the Indian Succession Act against the order passed by the learned Senior Civil Judge, Jeypore in I.C. No.02 of 2018.
2. Intestate Case No.02 of 2018 was filed by the Appellant (widower) praying for issuance of Succession Certificate under Section 372 of the Indian Succession Act upon death of his wife, namely Josila Josaswini Prem, the deceased. Sole Respondent was the Opposite Party, who is the brother of the deceased (kindred).
3. A preliminary objection is raised regarding maintainability of the appeal before this Court and according to the Respondent, the appeal should be laid before the District Judge, Koraput at Jeypore.
4. Before delving into the merits of the objection, it is required to have a relook to the relevant provisions. Section 384 of the Indian Succession Act prescribes that, subject to other provisions in Part-X of the said Act, an appeal shall lie to the High Court from an order of a District Judge granting, refusing or revoking a certificate under this part. Further, Section 388 authorizes the State Government to invest such power of the District Judge to any inferior court in grade by no
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