Case Note & Summary
The appellants, legal heirs of Pandurang Wanjari, filed an application for a succession certificate before the Civil Judge Senior Division, which was rejected. They appealed to the District Court, which held the appeal not maintainable, relying on the Division Bench judgment in Smt. Nola Jonathan Ranbhise vs. Union of India, stating that the appeal should have been filed before the High Court under Section 384 of the Indian Succession Act, 1925. The appellants then appealed to the High Court. The High Court examined Sections 384, 388, and 299 of the Act. It noted that Section 384 provides for appeals to the High Court from orders of a District Judge or a District Delegate. Section 388 clarifies that a District Judge includes a Civil Judge exercising original jurisdiction under the Act. Section 299 defines the District Judge as the Judge of a principal civil court of original jurisdiction. The Civil Judge Senior Division exercises original jurisdiction under the Act. Therefore, an appeal from his order lies to the High Court, not the District Court. The High Court held that the District Court's order was correct in holding the appeal not maintainable, but the proper course was to return the appeal for presentation to the High Court. The High Court set aside the District Court's order and directed the District Court to return the appeal to the appellants for filing before the High Court. The appeal was allowed.
Headnote
A) Succession Certificate - Maintainability of Appeal - Section 384, 388, 299 Indian Succession Act, 1925 - The question was whether an appeal against an order of the Civil Judge Senior Division rejecting an application for succession certificate lies to the District Court or to the High Court. The District Court held the appeal not maintainable relying on Smt. Nola Jonathan Ranbhise vs. Union of India. The High Court held that under Section 384 read with Section 388 and Section 299 of the Act, an appeal from an order of a District Judge or a Civil Judge exercising original jurisdiction lies to the High Court. Since the Civil Judge Senior Division exercises original jurisdiction under the Act, the appeal lies to the High Court. The District Court's order was set aside and the appeal was directed to be returned for presentation to the High Court. (Paras 3-6)
Issue of Consideration
Whether the District Court was justified in holding that the appeal filed by the appellants challenging an order of the Civil Judge Senior Division rejecting their application for grant of succession certificate was not maintainable and should have been filed before the High Court under Section 384 of the Indian Succession Act, 1925.
Final Decision
The High Court allowed the appeal, set aside the order of the District Court, and directed the District Court to return the appeal to the appellants for presentation to the High Court.
Law Points
- Succession certificate
- maintainability of appeal
- Section 384 Indian Succession Act
- 1925
- Section 388 Indian Succession Act
- Section 299 Indian Succession Act
