SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Ori) 53

B. P. ROUTRAY
Ajit Mahanandia – Appellant
Versus
St. Aladini Prem – Respondent


Advocates appeared:
A.P. Bose, Advocate, S. Das, Advocate

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top