RAMKUMAR RAJPUT Vs. LEELADEVI RAJPUT

JUDGEMENT

(1.) In an application filed by Ramkumar Rajput and others / applicants herein, the Succession Court in exercise of powers conferred under Sec. 373 of the Indian Succession Act, 1925 (hereafter, the Act, 1925), granted succession certificate by order dtd. 30/4/2013.

(2.) Non-applicants 1 and 2 have filed an application under Sec. 383 of the Act, 1925 for revocation of the succession certificate, inter alia on the ground that the succession certificate was obtained by concealing material facts from the Court without impleading them, therefore, the said certificate is liable to be revoked.

(3.) Upon service of notice, present applicants filed an application under Order 7 Rule 11 of the Code of Civil Procedure stating that the certificate granted by learned Succession Court on 30/4/2013 is not liable to be revoked and further pleaded that the said certificate has already been used and the amount therein has already been obtained by them. It was further pleaded that the question of title raised in the application cannot be decided under Sec. 383 of the Act, 1925, therefore, the application filed on behalf of non-applicants 1 and 2 be rejected being not maintainable under law.