Case Note & Summary
The Bombay High Court considered two appeals challenging orders passed by Civil Judges, Senior Division on applications under Section 372 of the Indian Succession Act, 1925 for grant of succession certificates. The preliminary question arose whether such appeals under Section 384 of the Act lie to the High Court or to the District Court. The Court examined Section 384, which provides that an appeal shall lie to the High Court from an order of a District Judge granting, refusing or revoking a certificate. The Court held that a Civil Judge, Senior Division is not a District Judge within the meaning of the Act. Therefore, the appeals against orders of a Civil Judge, Senior Division do not lie to the High Court but to the District Court. The Court directed that the appeals be returned to the appellants for presentation to the proper court.
Headnote
A) Succession Law - Appeal - Forum - Section 384 Indian Succession Act, 1925 - Appeal against order of Civil Judge, Senior Division granting/refusing succession certificate - Held that under Section 384, appeal lies to High Court only from an order of a District Judge. Civil Judge, Senior Division is not a District Judge. Therefore, appeal lies to the District Court, not the High Court. (Paras 1-2)
Issue of Consideration
Whether an appeal under Section 384 of the Indian Succession Act, 1925 against an order of a Civil Judge, Senior Division granting or refusing a succession certificate lies to the High Court or to the District Court.
Final Decision
The appeals are not maintainable before the High Court. The appeals are directed to be returned to the appellants for presentation to the proper court (District Court).
Law Points
- Interpretation of Section 384 of Indian Succession Act
- 1925
- Appeal lies to High Court only from order of District Judge
- Civil Judge Senior Division is not District Judge
- Appeal lies to District Court
Case Details
2006 LawText (BOM) (06) 46
First Appeal No.1347 of 2005 and First Appeal No.151 of 2006
Shri P.V. Patil for the Appellant in First Appeal No.1347 of 2005; Shri T.D. Deshmukh for the Appellant in First Appeal No.151 of 2006
Shri Vitthal Ramchandra Mali (in First Appeal No.1347 of 2005); Shri Shankar Waman Thatte (in First Appeal No.151 of 2006)
Smt. Laxmi Ganpati Mali & Anr. (in First Appeal No.1347 of 2005); Smt Gayatri Bhalchandra Thatte (in First Appeal No.151 of 2006)
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Nature of Litigation
Appeals against orders of Civil Judge, Senior Division on applications under Section 372 of Indian Succession Act, 1925 for grant of succession certificates.
Remedy Sought
Appellants sought to challenge the orders of the Civil Judge, Senior Division granting or refusing succession certificates.
Filing Reason
The appeals were filed in the High Court, but the court raised the question of maintainability as to whether the appeal lies to the High Court or to the District Court.
Previous Decisions
Orders passed by the courts of Civil Judge, Senior Division on applications under Section 372 of the Indian Succession Act, 1925.
Issues
Whether an appeal under Section 384 of the Indian Succession Act, 1925 against an order of a Civil Judge, Senior Division lies to the High Court or to the District Court.
Submissions/Arguments
The Registrar of this Court submitted a report on the aspect of forum of appeal.
Ratio Decidendi
Under Section 384 of the Indian Succession Act, 1925, an appeal lies to the High Court only from an order of a District Judge. A Civil Judge, Senior Division is not a District Judge. Therefore, an appeal against an order of a Civil Judge, Senior Division under Section 372 lies to the District Court, not the High Court.
Judgment Excerpts
The question to be decided in these Appeals is whether the Appeal under section 384 of the said Act of 1925 against the decision of the learned Civil Judge, Senior Division will lie to this Court or to the District Court.
Section 384 of the said Act of 1925 reads thus: '384.Appeal.-(1)Subject to the other provisions of this Part, an appeal shall lie to the High Court from an order of a District Judge granting, refusing or revoking a certificate under this Part...'
Procedural History
The two appeals were filed in the High Court challenging orders of Civil Judges, Senior Division on succession certificate applications. The court raised the question of maintainability and called for a report from the Registrar. After hearing submissions, the court held that the appeals lie to the District Court and directed the appeals to be returned to the appellants for presentation to the proper court.
Acts & Sections
- Indian Succession Act, 1925: 372, 384
