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1990 Supreme(All) 108

N.N.MITHAL, A.P.MISRA
Prem Chand – Appellant
Versus
Sunil Kumar – Respondent


Advocates:
Advocate Appeared:
Lalji Sahai Srivastav

JUDGMENT

N. N. Mithal, J.

1. This appeal purports to be one under Section 384 of the Indian Succession Act, 1925. It is directed against an order passed by the Civil Judge reiecting appellant's application for revocation of Succession Certificate granted to the respondents and also an order extending the grant of Succession Certificate in respect of some other assets.

2. Learned counsel for the respondents has taken a preliminary objection about the maintainability of the appeal. His submission is that when powers of the District Judge are conferred on Civil Judge under Section 388 (1) an appeal against an order passed by him only lies to the District Judge, irrespective of the valuation of the appeal.

Part X of the Indian Succession Act deals with matters relating to grant of succession certificate and contains sections 370 to 390 in that part. Under Section 372 an application for grant of a Succession Certificate ordinarily lies before the District Judge within whose territorial jurisdiction the deceased ordinarily resided or part of his property was situate. Section 384 deals with the forum where the appeal in such cases shall lie. It is, however, of significance that the Section











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