R P SACHDEVA DECEASED LR Vs. STATE

JUDGEMENT

(1.) This petition though registered as a probate case is in fact tor grant of a succession certificate in respect of the movables of late Shri R. P. Sachdeva. It has been filed under Ss. 370/372 of the Succession Act, 1925 (for short 'the Act') falling under Part X of the Act. Such a petition for grant of succession certificate can be filed in the Court of the District Judge within whose jurisdiction the deceased ordinarily resided, as is provided under S. 371 of the Act. "District Judge" under S. 2(bb) of the Act means the Judge of a principal Civil Court of original jurisdiction.

(2.) The question that I have to consider is as to whether the present petition is maintainable in the Delhi High Court. It is not disputed that a petition for grant of succession certificate is not a suit. It is also not disputed that the property in respect of which succession certificate is being claimed values over Rs. 1 lac.

(3.) With reference to S. 5 of the Delhi High Court Act, 1966, it was submitted by Mr. P. C. Khanna, Advocate, that the Delhi High Court is a principal Civil Court of original jurisdiction and would be included in the definition of the "District Judge". I do not think Mr. Khanna is correct, and I am of the opinion that the present petition is not maintainable in the Delhi High Court.