Order On Board

04.08.2022 With the consent of learned counsel for the parties, this matter is heard finally.

2. This review petition has been filed for recalling/modification of the order dated 17.11.2021 passed by this Court in Civil Revision No.47/2021 (Smt. Manisha Jain Vs. General Public and another) to the extent that this Court while considering the question No.2 about maintainability of the civil revision against the appellate order passed by District Judge in the succession certificate case held in negative that such petition is not maintainable.

3. Learned counsel for the petitioner submits that the impugned order was passed on the basis of Full Bench judgment rendered by the Allahabad High Court in the matter of Jupitar Chit Fund Vs. Dwarka Diesh and others reported in AIR 1979 Allahabad 218. Though in the State of Uttar Pradesh the provision of revision has been incorporated under Section 115 of the Code of Civil Procedure (for short the “CPC”) and certain amendments have been made vide Amendment Act No.31 of 1978 with effect from 1st August, 1978 whereby the revision is maintainable in the High Court if the cases are arising out of “original suits or other proceedings”, but in the State of Chhattisgarh no such provision is available and if any case is decided by the Court where no appeal lies, revision would be maintainble under Section 115 of the CPC. He further submits that the concerned amendments and the provisions are exclusively for the State of Uttar Pradesh, but no similar provision exists in the State of Chhattisgarh. Hence, the impugned order requires to be modified.

4. Counsel for the applicant placed reliance on a judgment passed by the High Court of Madhya Pradesh in the matter of Haliman Bee Vs. Joya Khan & others on 08.11.2021 in Misc. Petition No.1325/2021 reported in 2021 Law Suit (MP) 1243. He submits that this Court has already entertained the similar issue in the matter of Aabda Begam and another Vs. Sheikh Asalam and others on 02.12.2016 in Civil Revision No.76/2016. He further submits that the similar issue has again been dealt with by this Court in Panawati Shrivas Vs. Aaam Janta and others passed on 06.08.2021 in Second Appeal No.233/2010. So considering the aforesaid contention, this review petition may be allowed.

5. Learned counsel for the respondent No.2 submits that he is not disputing the aforesaid facts.

6. Heard learned counsel for the parties at length and perused the record.

7. In the State of Uttar Pradesh there are certain local amendments whereby the revision is maintainable only with regard to the original suit or proceeding, whereas in the State of Chhattisgarh no such provision is available therefore, the provisions relating to reference, review and revision as mentioned in Section 388 (3) of the Indian Succession Act, 1925 (for short “Act of 1925”) would be applicable, which is reproduced herein:-

388. Investiture of inferior courts with jurisdiction of District Court for purposes of this Act.

(1) *** (2) ***

(3) An order of a District Judge on an appeal from an order of an inferior Court under the last foregoing sub-section shall, subject to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908 (5 of 1908), as applied by section 141 of that Code, be final.

8. In Panawati Shrivas Vs. Aam Janta (mentioned above) while dealing with the similar issues, in Paragraphs 7 to 10 the following was observed:-

“7.In the matter of Mt. Shakuran Bi and others vs Mt. Aishabi (AIR (37) 1950 Nagpur 244) , the Nagpur High Court has held that where an application for succession certificate is made to the Civil Judge,under the proviso to subsection (2) of Section 388 of the Succession Act, an appeal lies from the decision of a Civil Judge to a District Judge whose decision is not open to second appeal but only to revision by the High Court.

8. The principle of law laid down in the matter of Shakuran Bi (supra) was followed with a