ORDER:

This civil revision petition is filed under Article 227 of the Constitution of India against the non-exercise of the jurisdiction in adjudicating C.F. No.2185 of 2021 in O.S.-------- of 2021 (unnumbered) on the file of the Court of Junior Civil Judge, Vayalpad, Chittoor District.

02. The parties will hereinafter be referred to as they were arrayed in the suit.

03. The case of the plaintiff, in brief, is as follows:

The father of the petitioner, late Philip Sundar Raj and late Philip Lalitha are brother and sister. The maternal aunt of the plaintiff had S.B. account bearing No. 11008143508 with the 1st defendant and S.B. account bearing No.16510100002108 with the 2nd defendant. She was unmarried and lived with her brother, Philip Sundar Raj. Her brother died on 03.08.1992 leaving the plaintiff as his sole legal heir, and thereby the plaintiff was looking after the welfare of late Philip Lalitha. She died intestate on 13.12.2019 leaving behind the plaintiff alone as her legal heir to succeed her estate and she did not mention any nominee in her bank account. After completion of the funeral rites and ceremonies, the plaintiff approached defendants 1 and 2 and submitted a claim form, but they did not allow him to claim amounts laid in the S.B. accounts of the said late Philip Lalitha, and thereby, the plaintiff issued a legal notice on 30.04.2021 demanding them to pay the amount laid in the S.B. accounts of the late Philip Lalitha, but they neither accepted the claim form nor issued a reply. Hence, the plaintiff filed the suit on the file of the Court of Junior Civil Judge, Vayalpad, on 11.11.2021 vide C.F. No.2185 of 2021. The trial court returned the plaint raising an objection as to how the suit is maintainable as a petition for succession certificate is to be filed. The plaint was returned representing that the plaintiff is the blood relative of late Philip Lalitha and that he will not come under the purview of the Indian Succession Act etc. But the trial court kept the matter pending even after submission of written arguments on 26.03.2022. The matter was posted for orders on 28.07.2022 and thereafter, again posted to 03.08.2022 and is being adjourned from time to time without numbering the same.

Aggrieved by the same, the present revision petition is filed on

11.08.2022.

04. Heard the learned counsel for the revision petitioner/

plaintiff and perused the record.

05. During the hearing, learned counsel for the revision petitioner/ plaintiff submitted that even as on date also the matter is pending without passing any order either returning or rejecting or registering the plaint and that he filed I.A. No.1 of 2023 to receive the docket order dt.18.11.2022 in the unregistered suit of 2021, which reads as under:

“The relief claimed in the plaint is to declare the plaintiff as sole legal heir to deceased Philip Lalitha and thereby to direct the two defendants who are the bankers of the deceased Philip Lalitha to receive the claim of the plaintiff on behalf of the deceased Philip Lalitha as her legal heir and pay the amounts laying to the credit of the savings accounts No.11008143508 and No.16510100002108 with them to her.

Heard the counsel for the plaintiff. Perused the record.

The property being claimed is a movable property.

Legal heir certificate and succession certificate are entirely different. Succession certificate is a document which is issued by the court for claiming movable properties by the successors of the deceased. The learned counsel reported that he is not ready to apply for succession certificate before proper court.

The learned counsel is not clear under what provisions and enactments, for example, Hindu Succession Act or Indian Succession Act or Specific Relief Act or any other enactment the relief is sought and as to how he is bringing the relief within the jurisdiction of this Court. In the case on hand, the plaintiff did not aver in the plaint that the defendants have ever denied her legal heir ship so as to tr