The legal point established in the judgment is that an unchallenged order granting a succession certificate does not bar the trial of the same question in a regular suit, and detailed pleading in the replication is not necessary.

JUDGMENT

Anil Kshetarpal, J. (Oral) - Plaintiff-appellant is in regular second appeal against the judgment passed by the learned First Appellate Court reversing the judgment and decree passed by the learned trial Court.

2. In the considered opinion of this Court, the following substantial questions of law arises for consideration:-

1. Whether an order passed by the Court while granting succession certificate which remains unchallenged, can affect the decision in a regular suit.

2. Whether in the replication, plaintiff is required to plead in detail, countering the assertions made by the defendant in the written statement.

3. Whether the judgment and decree passed by the learned First Appellate Court is result of misreading and mis-appreciation of evidence available on the file.

Facts

3. Plaintiffs-appellants filed a suit claiming that Amar Singh had died issueless and Santo was not his sister as claimed and therefore, the mutation entered is ineffective qua the rights of the plaintiffs. A short pedigree table would facilitate the Court in understanding the relationship between the parties.

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4. The defendants contested the suit and pleaded that they are children of Smt. Santo, alleged sister of Amar Singh and therefore, they are entitled to succeed to the property of Amar Singh.

5. Learned trial Court after appreciating the evidence available on the file decreed the suit and returned a finding that Smt. Santo, the mother of the defendants is not proved to be sister of Amar Singh whose estate is in dispute.

6. The defendants filed first appeal. Before the learned First Appellate Court, an application for additional evidence was filed. The application was allowed and the parties were allowed to lead evidence vide order dated 25.09.1986. Learned First Appellate Court on appreciation of evidence reversed the finding of the learned trial Court. Learned First Appellate Court has given the following reasons to set aside the finding of the learned trial Court:-

1. In a proceedings for grant of succession certificate, the succession certificate has been granted to the defendants. Although, such adjudication is of summary nature and does not bind the proceedings of a regular suit, however, since the validity of the succession certificate has not been challenged, therefore, the aforesaid finding has become final and the suit for declaration to challenge the succession certificate has become time barred. Therefore, the Court can rely upon the aforesaid judgment.

2. In additional evidence, the defendants produced Ex. DB, DC and DD, copies of original ration cards in Ex.DC Amar Singh is shown to be having four numbers, therefore, it is proved that the defendants were residing with Amar Singh.

3. Plaintiffs while filing replication has only denied the assertions made in the written statement in a cursory manner, therefore, vague denial amounts to admission as denial in pleadings has to be specific.

4. Although, as per the pedigree table (Shazra Nasab) prepared by the revenue authorities, name of Santo does not figure, however, the pedigree table was prepared at the time of inheritance of Ablu Singh, the common ancestral of the parties before 1956 and at that time, daughters were not entitled to the share in the property of father, hence, her name was not incorporated.

5. An adverse inference has drawn because Jit Singh, Nambardar was sought to be produced by way of additional evidence, the plaintiff objected to his being examination in evidence and adverse inference is to be drawn. Now the stage of set for considering the questions of law.

Question No.1

(i) Whether an order passed by the Court while granting succession certificate which remains unchallenged, can affect the decision in a regular suit.

7. It is well settled that the proceedings for grant of succession certificate is governed by the procedure laid down in the Indian Succession Act. It is specifically provided in the Indian Succession Act that the proceedings for