1. The short question involved in this case is whether Sec. 10 of the Code of Civil Procedure, 1908 (for brevity, the Code) is applicable to the proceedings initiated under Sec. 372 of the Indian Succession Act, 1925 (for brevity the Act) for obtaining a succession certificate.

2. Brief facts of the case are that the successor-in-interest of the petitioner Paramjit Kumar was impleaded as defendant in Civil Suit No. 313 of 1996 filed on 8-9-1995 seeking declaration to the effect that he was entitled to his share in FDRs of Rs. 30,000/-, Rs. 50,000/- and locker maintained at State Bank of Patiala, Sector-22, Chandigarh. Defendant-respondent No. 1 Mrs. Kamal Seth did not contest the suit and she was proceeded ex parte. She, however, filed a succession case bearing No. 17/30-4-98 under Sec. 372 of the Act for issuance of a succession certificate in respect of the same FDRs and locker mentioned herein above. The successor-in-interest of the petitioner contested the suit as well as succession case. The issues in both proceedings are similar, parties are the same and relief claimed in both the cases is also the same i.e. respective shares of the parties in the FDRs and locker. On