The order 22nd March, 1996 passed by Ist Additional District Judge, Firozabad in Misc. Appeal No. 65 of 1995 affirming the order dated 6th September, 1995 passed by the Civil Judge (Senior Division), Firozabad in Succession Case No. 74 of 1990 is under challenge in this Civil Revision.

2. Mr. A. Y. Yadav, learned counsel for the petitioner had assailed the impugned order on the ground that the finding of both the Courts below suffers from perversity. The conclusions arrived at are based on no material. That apart he further contends that the Court which have granted the Succession Certificate did not have territorial jurisdiction. The learned Trial Court had overruled the said objection without adverting to the materials on record and the legal proposition. Whereas the learned Lower Appellate Court had referred to the said objection but did not decide the same nor it had adverted to the objection so raised. He further contends that though such objection was not taken in the written statement but yet the question was raised before the Trial Court and the Trial Court had entertained the said objection and had decided the same. Therefore, it would not hit by the mischie