ORDER

1. The present petition has been filed under Article 227 of the Constitution of India being aggrieved by the order dated 20.1.2021 (Annexure P/3) passed by the Additional District Judge Berasiya, District Bhopal in Misc. Civil Appeal No.19/20219 arising out of the order dated 31.8.2019 passed by the Judicial Magistrate First Class Berasiya, District Bhopal in M.J.C. No.18/2014.

2. The respondent Joya Khan filed an application under section 372 of the Indian Succession Act (hereinafter referred to as “the Act”), which was allowed by the trial Court. Against the aforesaid order, petitioner Haleeman Bee filed an appeal under section 384 read with section 388 (2) of the Act for grant of succession certificate, which was dismissed by the appellate Court by the impugned order. Thereafter, she filed the present petition before this Court under Article 227 of the Constitution of India.

3. At the very outset, learned counsel for the petitioner ask to satisfy the Court as to the maintainability of this petition under Article 227 of the Constitution of India in view of objection raised by the Registry.

4. Learned counsel for the petitioner submits that an order passed in original proceedings alone is revisable and that an appellate order in not amenable to revisional jurisdiction of the High Court under section 115 of the C.P.C. 1908 and the law has been laid down by Full Bench of the Allahabad High Court in Jupiter Chit Fund (Pvt.) Ltd. v. Dwarkas Diesh Dayal and Ors. AIR 1979 All 218. Learned counsel for the petitioner submits that impugned order is not passed in original proceedings and is passed in appeal under section 384 of the Indian Succession Act, so revision under section 115 of the C.P.C. is not maintainable and only the remedy against this order passed in appeal, is a petition under Article 227 of the Constitution of India.

5. Heard learned counsel for the petitioner on question of maintainability.

6. Here, it is necessary to note that the case, where from the instant revision arises, was one for grant a Succession Certificate under section 372 of the Act. Part 10 of the Indian Succession Act deals with succession certificates.

7. Section 371 contained in this Part provides that it is the District Judge in whose jurisdiction the deceased ordinarily raised at the time of his death or the District Judge within whose jurisdiction any part of the property of the deceased may be found, is competent to grant a certificate.

8. Sections 372 and 373 lay down the contents of an application for grant of a certificate as also the procedure for dealing with such an application.

9. Section 384 provides for an appeal to the High Court from an order of the District Judge granting, refusing or revoking a certificate issued under Part

10. Sub-section (3) of this section also provides what is provided by subsection (3) of section 388 of the Indian Succession Act, 1925.

10. Sub-section (1) of section 388 empowers the State Government to bestow upon any Court, inferior in grade to a District Judge, the functions of a District Judge under this Part. It, therefore, follows that where the power conferred by section 371, upon the District Judge to grant a succession certificate, on account of a notification by the State Government, is being exercised by a Court subordinate in grade to the District Judge, the appeal would lie to the District Judge under section 384.

11. Such appellate order, in view of sub-section (3) of section 384, is final subject to a reference or revision or review in accordance with Code of Civil Procedure, 1908 by the High Court. It means that the appellate jurisdiction exercised by the District Judge, while passing the order impugned, herein, is a power concurrent with that of the High Court and this appellate power has been exercised by the District Judge only because the order on the application under section 372 had been passed by a Court subordinate in grade to the District Judge.

12. Therefore, the appellate order is final subje