SHANTI DEVI Vs. STATE & ORS

JUDGEMENT

(1.) Appellant has challenged the order dated 19th September, 2013 passed by the Administrative Civil Judge, Tis Hazari Courts, Delhi on a petition under Section 372 of the Indian Succession Act filed by the respondent no.2 for grant of succession certificate in respect of debts and securities of Late Shri Sant Singh and Late Smt. Karmo Bai, parents of respondent no.2. Respondent nos. 2 and 3 are sisters of appellant. Respondent no.2 had taken a plea before the trial court that appellant was not entitled to succeed the estate of Late Shri Sant Singh and Late Smt. Karmo Bai since she was adopted by her unlce, that is, Justice Gopal Singh. Trial court has granted succession certificate to respondent nos. 2 and 3 excluding the appellant.

(2.) That is how appellant is before this Court. In my view, appeal against the order passed by the Administrative Civil Judge is not maintainable in this Court as competent court to deal with such appeals is that of a District Judge.

(3.) Part X of the Indian Succession Act, 1925 deals with the 'succession certificates'. Section 384 provides that an appeal shall lie to the High Court from an order of a District Judge granting, refusing or revoking a certificate under this Part. However, Section 388 vests power in the State Government to invest any Court inferior in grade to a District Judge with power to exercise the functions of a District Judge under Part X, by issuing a notification in the Official Gazette. It further provides that any inferior Court so invested shall, within the local limits of its jurisdiction, have concurrent jurisdiction with the District Judge, in the exercise of all the powers conferred by Part X upon the District Judge and the provisions of said Part relating to the District Judge shall apply to such an inferior Court as if it were a District Judge. Provisio to Section further envisages that an appeal from any such order of an inferior Court, as is mentioned in subsection (1) of section 384, shall lie to the District Judge, and not to the High Court and that the District Judge may, if he thinks fit, by his order on the appeal, make any such declaration and direction as that sub-section authorises the High Court to make by its order on an appeal from an order of a District Judge.