P.J. POTHEN Vs. SANGHAMITRA (CGHS) SOCIETY

JUDGEMENT

(1.) CM No. 18671/2014 (Delay)

(2.) APPELLANTS filed a petition under Section 372 of the Indian Succession Act, 1925 (for short, hereinafter referred to as the 'Act') before the trial court for grant of succession certificate in respect of estate of Late Rev. Fr. P.J. Gregory Paruvaparambil. It was alleged that deceased died in a hospital in Cochin, within the state of Kerala on 2nd July, 2008 at the age of 69. Deceased was unmarried. Appellants were brother and sister of deceased, who was ordinarily resident of Flat No. B -102 Sanghamitra Apartments, Sector 4, Dwarka, New Delhi - 110075. The said flat was purchased by him from the respondent no.1. Allotment letter, sub -lease agreement and receipts of property tax pertaining to the period 2009 -10 and 2012 -13 were annexed with the petition. It was alleged that appellants were the only legal heirs of deceased.

(3.) IT appears that trial court has ordered for return of the plaint under Order 7 Rule 10 of the Code of Civil Procedure, 1908 (for short, 'CPC') . It is trite law that for the purposes of Order 7 Rule 10 CPC the Court has only to consider the averments made in the plaint and the documents annexed therewith and nothing else. Defense of the defendant has not be looked into. The averments made in the plaint/petition have to be taken as correct. In this case, no application under Order 7 Rule 10 CPC was filed before the trial court. Trial court of its own exercised the jurisdiction under Order 7 Rule 10 CPC and has ordered for return of the petition.