KRISHNA BAI Vs. SAROJ KUMAR AND ORS.

JUDGEMENT

(1.) This order shall govern disposal of Civil Revision No. 85/2015 filed under Section 388(3) of the Indian Succession Act, 1925 ( in brevity 'Act of 1925') against the order dated 5-5-2015 passed by the District judge, Baloda Bazar in Misc. Civil Appeal No. H-132014 (Smt. Krishna Bai -v- Saroj Kumar and others) whereby learned District Judge held that under Section 384 of the Act of 1925 jurisdiction for hearing of appeal vests with the High Court and the court of District Judge does not have jurisdiction for hearing of miscellaneous civil appeal in question. Learned appellate court returned the appeal for filing before the competent court.

(2.) Learned counsel for the applicant submits that in view of the error of law apparent on the face of the record, the appeal be heard finally without notice to the respondents in the matter.

(3.) Heard on I.A. No. 1/15 under Section 5 of the Limitation Act for condonation of delay in filing the instant revision as the same is preferred after 8 days of its limitation.