AI Overview...
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Impleadment Application in Succession Certificate Suit - An impleadment application can be filed in a suit for succession certificate to include legal representatives or necessary parties, even without raising objections initially. Courts have allowed such applications, especially when the applicant claims to be a legal heir or representative of the deceased. The main purpose is to ensure proper parties are before the court for a fair adjudication. Nanoo vs Vikas Sharma - Delhi, Hilltop Marbles VS Nisar Ahmed - Rajasthan, Karamjit Singh VS Harbans Singh - Punjab and Haryana, Shankar Lal VS Ramesh Chander - Himachal Pradesh
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Raising Objections and Legal Proceedings - Objections regarding the applicability of Section 214 of the Indian Succession Act or other procedural grounds can be raised at various stages. However, courts have held that objections not on the face of the record or not properly raised at the appropriate stage are generally not maintainable. The courts emphasize that objections should be timely and relevant to the proceedings. Nanoo vs Vikas Sharma - Delhi, Rajendra Kumar VS Lekhraj - Rajasthan, N. Krishnaveni & Another VS P. L. Narasimha Rao & Others - Madras
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Necessity of Raising Objections Before or During Proceedings - While objections can be raised, courts have dismissed belated objections or those not properly raised, emphasizing the importance of timely raising issues. An application for impleadment can be made to address such objections or to correct procedural deficiencies without necessarily raising objections at the outset. Rajendra Kumar VS Lekhraj - Rajasthan, N. Krishnaveni VS P. L. Narasimha Rao Chennai - Madras, Neha Sibal VS Radhika Sibal - Punjab and Haryana
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Main Points and Insights:
- An impleadment application is permissible in succession certificate suits to include legal heirs or proper parties, even if objections are not initially raised.
- Objections related to procedural issues or substantive grounds (like Section 214 applicability) can be raised at later stages, but courts prefer timely and relevant objections.
- Courts have consistently held that procedural objections or pleas that are not on the face of the record or are raised late are generally not maintainable.
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The primary goal is to ensure that all necessary parties are before the court for a fair adjudication, and impleadment is a suitable procedural step to achieve this.
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Analysis and Conclusion:
- Filing an impleadment application in a suit for succession certificate is generally allowed and is a procedural step to bring necessary parties before the court.
- Raising objections related to the applicability of legal provisions (e.g., Section 214) or procedural issues can be done at appropriate stages, often through such impleadment applications or subsequent objections.
- The courts favor procedural fairness and completeness of parties, and thus, an impleadment application can be filed without prior objections, which can be raised later if necessary.
- Overall, an impleadment application is a valid procedural step in succession certificate proceedings, and objections can be raised subsequently or as part of the impleadment process.
References: - Nanoo vs Vikas Sharma - Delhi, Hilltop Marbles VS Nisar Ahmed - Rajasthan, Karamjit Singh VS Harbans Singh - Punjab and Haryana, Shankar Lal VS Ramesh Chander - Himachal Pradesh, Rajendra Kumar VS Lekhraj - Rajasthan, N. Krishnaveni & Another VS P. L. Narasimha Rao & Others - Madras, N. Krishnaveni VS P. L. Narasimha Rao Chennai - Madras, Neha Sibal VS Radhika Sibal - Punjab and Haryana
Search Results for "Can an Impleadement Application be Filed in Suit for Sucession Certificate Without Raising Objections Filed"
• India - Delhi High Court
C.HARI SHANKAR
from raising objections related to the applicability of Section 214 at a later stage. ... , asserting that Section 214 prohibits passing decrees in favor of successors without proper succession evidence. ... (A) Indian Succession Act, 1925 - Section 214 - Civil Procedure Code - Order XXII Rule 3 - Impleadment of legal representatives - ... Nanoo), the learned Civil Judge has allowed the impleadment application filed by the legal rep....
2012 0 Supreme(Raj) 113 • India - Rajasthan
GOPAL KRISHAN VYAS
over the mine by respondents — Decreed — Filed application u/S. 372 seeking succession certificate for the bapi rights — Petitioner ... firm wants to get impleadment in the garb of raising voice to decide its objection on the same line, the petitioner firm has tried ... Petitioner is neither necessary nor proper party to the proceedings of succession certificate filed by respondents — Petitioner ... Learned counsel....
1997 0 Supreme(Del) 556 • India - Delhi
MANMOHAN SARIN
The objections are not maintainable. ... ... I.A. 12160/96, being an application for amendment of the application ... under Order 1 Rule 10, CPC, and the objections under Section 47, CPC. ... IA. 12160/96, being an application for amendment of the application under Order I Rule 10, CPC, was disposed of on 6. 12. 1996 and the contents of the same have been considered while disposing of the application under Order I Rule 10, CPC, and the objections un....
2013 0 Supreme(Bom) 1922 • India - Bombay
D.Y.CHANDRACHUD, M.S.SONAK
... Consequently, where a proceeding may be taken or an application ... may be made by or against any person, then such a proceeding may be taken or an application may be made by or against any person ... ... Succession Act, 1925 - Sections 211(1) and 213(1) - Distinction ... Therefore, at this stage, without expressing anything on the merits of the challenge so raised, considering the facts and circumstances of the case, the consent terms which are admittedly even signed by the deceased and as the Execution A....
2024 0 Supreme(P&H) 1273 • India - Punjab and Haryana
HARKESH MANUJA
of legal representative in a suit for possession - The First Appellate Court allowed the application for impleadment of Karamvir ... raised regarding the Will were without merit. ... The First Appellate Court allowed this application, leading to the present revision petition. ... In pursuance thereof, fresh application dated 16.10.2023 seeking his impleadment as legal representative of deceased of Harbans Singh claiming himself to be the son, was filed#HL_EN....
2021 0 Supreme(Raj) 502 • India - Rajasthan
PUSHPENDRA SINGH BHATI
The court also noted that the petitioner had not provided a valid explanation for not raising the issue for 45 years. ... The court dismissed the petition and the stay application. ... The petitioner then filed a writ petition. ... Learned counsel also submitted that as soon as the petitioner came to know about institution of such suit as well as his nonimpleadment therein, the petitioner had filed an application for his impleadment as party-defendant in the said #HL....
2007 0 Supreme(Mad) 1312 • India - Madras
S.ASHOK KUMAR
Final Decision: The Civil Revision Petitions were allowed, directing the Executing Court to strike off the application filed ... (1) SCC 670, 2002 (2) SCC 445, 2003(8) SCC 289, 1999 (1) L.W. 222, 2002 (2) MLJ 433, 1999 (2) MLJ 395 - The court discussed the application ... Ratio Decidendi: The executing court cannot entertain objections that do not appear on the face of the record. ... So also, the plea of the respondent that the petitioner had not produced a Succession Certificate an....
2017 0 Supreme(P&H) 2362 • India - Punjab and Haryana
JAISHREE THAKUR
From Domestic Violence Act, 2005, Section 12] - The court discussed the controversy arising from the impleadment application filed ... Issues: The issues involved the validity of the impleadment application filed by respondent No. 1 in a complaint case filed ... Respondent No. 1, claiming to be the legally wedded wife of the husband, filed an application for impleadment, which was allowed ... Eve....
2008 0 Supreme(Mad) 1312 • India - Madras
K.VENKATARAMAN
The court held that the executing Court cannot go beyond the decree and hence the judgment debtor cannot be allowed to file one application ... Issues: Whether the executing Court can go beyond the decree and allow the judgment debtor to file one application after another ... The court held that the executing Court cannot go beyond the decree and hence the judgment debtor cannot be allowed to file one application ... So also, the plea of the respondent that the petitioner had not produced a Succession Certific....
2016 0 Supreme(HP) 2391 • India - Himachal Pradesh
SURESHWAR THAKUR
The defendants contested the suit, raising objections about maintainability, locus standi, cause of action, and estoppel. ... certificate. ... court held that the plaintiffs were the legal heirs of deceased Ram Rakha based on evidence related to marriage, identity, and succession ... The defendants contested the suit and rasied preliminary objections about maintainability, locus standi, cause of action and estoppel. ... Grant of succession ....
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