JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri Rajesh Yadav, learned counsel for the appellant.

2. The present first appeal filed under Section 384(1) of the Succession Act, 1925, is directed against the judgment and order dated 05.01.2023 passed by the Civil Judge (Senior Division), Bhadohi Gyanpur in Succession Case No. 81 of 2020 (Monika Yadav vs. Akash and Others), whereby the Application (Paper 4Ga) preferred under Section 372 for obtaining the Succession Certificate, has been rejected.

3. A question has arisen with regard to the maintainability of the appeal in view of the provisions contained in Section 388(2) of the Succession Act, 1925 [the Act].

4. Counsel for the appellant has drawn the attention of the Court to Section 384(1) of the Act to contend that an order passed by the District Judge granting, refusing or revoking the certificate under Part X, which relates to Succession Certificate, would be amenable to an appeal before the High Court. It is contended that the Civil Judge (Senior Division) while passing the order on the application seeking Succession Certificate, was acting as a District Judge and accordingly the appeal would lie before the High Court.

5. In ord