DEVENDER NATH MALIK Vs. STATE

JUDGEMENT

(1.) This is a petition for the grant of Succession Certificate moved u/s. 372 of the Indian Succession Act, 1925 (the Act) in respect of the properties detailed in annexures C and D of the petition which were left by the petitioner's wife Mrs. Manju Malik (deceased) at the time of her demise. An objection has been taken by the respondents that this petition for the grant of succession certificate is maintainable only before the District Judge, Delhi and that this High Court has no jurisdiction to entertain the same.

(2.) On the other hand, it is contended On behalf of the petitioner that the definition of 'District Judge" given in Sec. 2(bb) of the Act means the Judge of a Principal Civil Court of original jurisdiction', and that Delhi High Court having been invested with ordinary original civil jurisdiction under S. '5(2) of the Delhi Htgh Court Act, 1966, in every suit the value of Which exceeds Rs. 1 lac, this High Court shall mean the Principal Civil Court of original jurisdiction and, thus, the petition for the gtant of succession certificate which is made uls. 372 of the Act to the District Judge, has to be moved before the High Court of Delhi. [Sec. 2(bb) of Sudctision Act and S. 5 of High Court Act are the reprodubed].

(3.) This vary question came up for decision before D. Public Witness adhwa J. of Delhi High Court in Probate Case No. 55 of 1984 in the matter of the estate of Late Shri R. P. Sacbdeva and Smt. S. Sachdeva and others decided on 27.3.1985 and it was held that Delhi High Court had no jurisdiction to grant succession certificate under the Act. Reliance was placed in that case on Bakshi Lochan Singh v. Jathedar Santokh Singh (D. B.) ILR (1971) I Delhi 615 wherein it was held that District Judge, Delhi would be the Principal Civil Court of Original jurisdiction in every suit the value of which did not exceed Rs. 50,000.00 but in other suits the value of which exceeded Rs. 50,000.00, this High Court would be the principal Civil Court of Original Civil jurisdiction. The dividing line of Rs. 50.000.00 was replaced by Rs. 1 lac by the Delhi High Court (Amendment) Act, 1980 w.e.f. 1.10.1980 and it is that amount which governs present case. Reliance was also placed by Wadhwa J. on Mary v. Vincent 1976 R.L.R. 112 where contention was raised that after coming into force of Delhi High Court Act, 1966, by virtue of the non-obstente clause contained in Sec, 5(2) of the Act, the Court of the District Judge, Delhi had ceased to be the principal Civil Court of original jurisdiction with respect to any suit the value of which exceeded Rs. 50,000.00 (now Rs. 1 lac), and in view of that provision of law, the principal Civil Court of Original jurisdiction with respect to all matters value of Which exceeded Rs. 50,000.00 (now Rs. 1 lac) would be the High Court of Delhi. That was a case for the grant of letters of Administration u/s 266 of the Act. That contention was rejected by the Court by observing as follows on pages 114 and 115 :-