Hon’ble Vivek Chaudhary, J.—Present civil revision is filed by revisionist under Section 388(4) of Indian Succession Act, 1925 (hereinafter referred to as ‘Succession Act’) challenging the judgment and order dated 15.7.2009 passed by District Judge Faizabad in Misc. Civil Appeal No. 15 of 2009, which was preferred under Section 384/388(2) of Succession Act. The said appeal was allowed by the District Judge and by the said judgment and order, the District Judge had allowed the application of the respondents herein for grant of a succession certificate and order dated 2.2.2009 passed by the Judge S.C.C. Faizabad in Misc Case No. 16 of 1998 was set aside. By his order dated 2.2.2009, the Judge S.C.C. Faizabad cancelled the succession certificate earlier granted in favour of respondents herein and had directed for granting a succession certificate in favour of revisionist herein.

2. The respondents have raised a preliminary objection with regard to the maintainability of the present civil revision. The objection of the respondent is that Section 388(4) does not provide for any civil revision. Power vested in the District Judge under Section 388(4) is with regard to withdrawing any proceedings from any Court inferior to him and to dispose of the same himself or transfer them to another Court. Such a power is only for transfer of the proceedings and is not a revisional power. Therefore, no revision can be filed under Section 388(4) of the Succession Act.

3. Learned counsel for the revisionist submits that the same is a typing error and in fact the revision would be maintainable under Section 388(3) of the Succession Act.

4. I have heard counsels for the parties.

5. Part-X of the Succession Act provides procedure with regard to grant of succession certificate. Section 371 empowers the District Judge to grant a succession certificate within whose jurisdiction the deceased ordinarily resided or within whose jurisdiction any part of the property of the deceased may be found to grant a succession certificate. Section 384 provides appeal against such an order, which reads as follows :

“384. Appeal.—(1) Subject to the other provisions of this Part, an appeal shall lie to the High Court from an order of a District Judge granting, refusing or revoking a certificate under this Part, and the High Court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be granted and direct the District judge, on application being made therefor, to grant it accordingly, in supersession of the certificate, if any, already granted.

(2) An appeal under sub-section (1) must be preferred within the time allowed for an appeal under the Code of Civil Procedure, 1908 (5 of 1908).

(3) Subject to the provisions of sub-section (1) and to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908 (5 of 1908), as applied by Section 141 of that Code, an order of a District Judge under this Part shall be final.”

6. Section 388 provides that State Government may invest the power of the District Judge to any Court inferior in grade to District Judge. Section 388 reads as follows :

“388. Investiture of inferior Courts with jurisdiction of District Court for purposes of this Act.—(1) The State Government may by notification in the Official Gazette, invest any Court inferior in grade to a District Judge with power to exercise the functions of a District Judge under this Part.

(2) Any inferior Court so invested shall, within the local limits of its jurisdiction, have concurrent jurisdiction with the District Judge in the exercise of all the powers conferred by this Part upon the District Judge, and the provisions of this Part relating to the District Judge shall apply to such an inferior Court as if it were a District Judge:

Provided that an appeal from any such order of an inferior Court as is mentioned in sub-section (1) of Section 384 shall lie to th