Point of law: A conjoint reading of Sections 371, 372 and 384 of the Act would show that the original jurisdiction to entertain and decide a petition for the grant of a succession certificate has been conferred by the Act upon the District Judge, within whose jurisdiction, the deceased ordinarily resided at the time of his death, and if he has no determined place of residence, the District Judge, within whose jurisdiction, any part of his property, may be found.

JUDGMENT :

1. Heard Mr. Rakesh Kumar Srivastava, learned Counsel for the appellant and Mr. D.K. Pathak, learned Senior Advocate assisted by Mr. Mayank Pathak, learned Counsel appearing on behalf of the first respondent.

2. A succession certificate has been granted in favour of respondent no.1 by the Civil Judge (Senior Division)/ FTC, Faizabad under Section 372 of the Indian Succession Act, 1925 (for short, 'the Act'). The succession certificate aforesaid, granted vide order dated 18.3.2019, entitles the first respondent to receive a sum of Rs.42,07,656.82 that was property of the deceased Nirmal Kumar Panigrahi. The appellant, who contests the claim of the first respondent to the grant of succession, has preferred this appeal under Section 384 of the Act.

3. A preliminary objection has been raised by Mr. D.K. Pathak, learned Senior Advocate assisted by Mr. Mayank Pathak, learned Counsel appearing on behalf of the first respondent to the effect that this appeal is not cognizable by this Court, but by the learned District Judge, in view of the proviso to sub-section (2) of Section 388 of the Act.

4. Learned Counsel for the appellant, on the other hand, submits that the valuation of the succession petition under Section 372 of the Act is Rs.42,07,656.82. He submits, on the strength of a Notification dated 05.02.2016 (for short, 'the Notification'), issued by this Court under sub-section (1)(b) of Section 21 of the Bengal, Agra and Assam Civil Courts Act, 1887 as amended by the U.P. Civil Laws Amendment Act, 2015, that an appeal from a decree or order not only in an original suit but in any proceeding, where the decree or order was made before or after the publication of the Notification and the value of the suit does not exceed Rs. 25 lacs, would lie to the District Judge. He submits that the consequence of this notification is that in all matters, where the value of the original suit or other proceedings decided by a Court inferior to that of the District Judge, is above Rs. 25 lacs, the appeal would lie to the High Court. It is, therefore, urged that the present succession petition and the proceedings arising therefrom, even if not a suit, falls within the definition of 'proceedings', where the decree or order is made and its valuation exceeds Rs. 25 lacs. As such, by dint of Section 21(1)(b) of the Bengal, Agra and Assam Civil Courts Act, 1887 as amended by the U.P. Act No. 14 of 2015 and the Notification of this Court dated 05.02.2016, the order impugned passed by the learned Civil Judge is appealable to this Court and not the District Judge.

5. Succession certificates are governed by Part X of the Act and Sections 371 and 372 of the Act provide:

"371. Court having jurisdiction to grant certificate.—The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time he had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part.

372. Application for certificate.—(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908, for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—

(a) the time of the death of the deceased;

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

(c) the family or other near relatives of the deceased and their respective residences;

(d) the right in which the petitioner claims;

(e) the absence of any impediment under Section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity t