1. This civil revision has been preferred under section 115 of Code of Civil Procedure, 1908 being aggrieved with the order passed by the Additional District Judge Lahar, District Bhind in Civil Appeal No.02/04 on 27.7.2005 whereby, the order passed by Second Civil Judge Class 1st Lahar in Case No.5/03 (succession) on 18.12.2003 has been confirmed.

2. Respondent No.1 Rambihari filed an application under section 372 of Indian Succession Act claiming succession certificate with respect to FDR of Rs.40,000/- issued by the State Bank of India Alampur, District Bhind and also amount deposited in saving account of deceased-Gulabrani. It is stated that deceased Gulabrani has executed a Will on 20.8.2003 with respect to her movable and immovable property in favour of the applicant. Deceased Gulabrani was not having any issue and any heirs. Deceased Gulabrani and the applicant were the members of joint Hindu family. Deceased-Gulabrani was residing with the applicant throughout her life and expired on 28.8.2003. On behalf of the State Bank, a reply was filed wherein, it was stated that there is one saving account (old) No.2/6928 and new No.01193335355 in which amount lying is Rs.23,635/- and another saving account No.01190005345 balance amount is Rs.843/-. It is stated that deceased Gulabrani has made Taradevi as her nominee. The learned Court below after recording the evidence allowed the application and declared the respondent No.1 as legal heir of deceased-Gulabrani and issued a succession certificate. Being aggrieved the applicant has preferred an appeal which has also been dismissed. Being aggrieved this civil revision has been filed.

3. It is submitted that the Courts below have committed illegality and material irregularity in passing the impugned order. Applicant has not been given opportunity of hearing. The learned Court below erred in not considering that when a person is claiming succession on the basis of Will, the succession certificate cannot be granted. It is further submitted that in absence of asking the probate of the Will, the application was not maintainable. The appellant being sister of the deceased-Gulabrani is entitled to be declared as successor. The respondent No.1 is not covered under the category of legal heir under Hindu Succession Act, therefore, it is prayed that impugned order be set aside.

4. Learned senior counsel appearing on behalf of the respondents supported the impugned order. It is submitted that proceeding for revocation of certificate ought to have been filed.

5. I have considered the submissions of learned senior counsel of the parties. It is not disputed that the succession certificate has been issued in favour of respondent No.1. From the record of the Courts below, it appears that the appellant was not a party in the proceedings.

6. Learned senior counsel appearing on behalf of the respondents submitted that the grant of succession certificate cannot be challenged by preferring an appeal or civil revision before this Court. The appellant should have filed proceeding for revocation of succession certificate under section 383 of the Indian Succession Act. Reliance has been placed on a decision in the matter of Deity Laipakhangba Khoubomba, represented by Saikhom Purno Singh [AIR 1961 Manipur 52 (V 48 C18)], wherein it has been held :

“(5) Where there was no such contest in the District Court and where the proceedings to obtain a certificate were defective in substance or the certificate was obtained fraudulently by the making of a false suggestion or by the concealment from the Court of something material to the case or where the certificate was obtained by untrue allegations of fact as contended by the appellant in appeal, the proper procedure for the appellant is to file an application under section 383 of the Succession Act for revocation of the certificate.

There is no period of limitation for such an application as in the case of an appeal. When this was pointed out to the appellant’s lear