INDRANIL CHAKRAVARTI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) C.M. Appl. No. 14994/2017 (for exemption) Exemption allowed, subject to all just exceptions. C.M. stands disposed of. C.M. Appl. No. 14993/2017 (for delay) This is an application seeking condonation of 334 days delay in filing the appeal. For the reasons stated in the application the same is allowed and the delay in filing the appeal stands condoned. C.M. stands disposed of. FAO No. 175/2017 By this first appeal filed under Sec. 299 of the Indian Succession Act, 1925, appellants who were the petitioners in the succession certificate case, seek for setting aside of the impugned judgment dated 30.4.2016 which has dismissed the succession certificate case.

(2.) The impugned judgment dated 30.4.2016 is not too happily worded as it is not too clear whether the succession certificate case has been dismissed as no evidence had been filed to show relationship of the appellants/petitioners with the deceased, though the judgment indirectly says so at the end of para 8 of the impugned judgment, and that it is also noted that the succession certificate petition has been dismissed on account of valuation report not being filed.

(3.) At the oral request made on behalf of the appellant's counsel, this Court in exercise of powers under Order 41, Rule 27 Civil P.C. takes on record the letter dated 6.2.2014 issued by the Syndicate Bank to late Smt. Manju Chakravarti where one of the petitioner i.e. the petitioner no. 1/the son of Smt. Manju Chakravarti, has been shown as the co-owner of the locker of the bank. This document therefore will establish that appellants/petitioners are the legal heirs, being the son and daughter of the deceased Smt. Manju Chakravarti.