KESAVA PILLAI Vs. BHAGEERADHI AMMA

JUDGEMENT

(1.) Both these cases arise out of the same proceeding under the Indian Succession Act and the short question for adjudication is whether the lower appellate Court, which disposed of the appeal, had jurisdiction to hear the appeal.

(2.) A petition for the issue of a Succession Certificate was filed before the Court of the Munsiff of Neyyattinkara and that court disposed of the matter in a particular manner. Against that decision an appeal was filed before the Court of the District Judge of Trivandrum and the appeal was transferred to the Court of the Principal Subordinate Judge there. The learned Subordinate Judge varied the decision of the learned Munsiff; and aggrieved by that order two parties have filed separate revisions before this Court. The only question, as I have already indicated, is whether the Court of the Subordinate Judge had jurisdiction to dispose of the appeal.

(3.) Part X of the Indian Succession Act deals with the issue of Succession Certificates and S.371 invests the District Judge with jurisdiction to issue such Certificates. S.384(1) provides for appeals to the High Court from the orders of the District Judge granting, refusing or revoking Succession Certificates. S.388(1) then enacts that the State Government may, by notification in the Official Gazette, invest any court inferior in grade to a District Judge with power to exercise the functions of a District Judge under Part X. Sub-s.2 of the section lays down that any inferior court so invested with power 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 Part X relating to the District Judge shall apply to such inferior court as if it were a District Judge. A proviso is added to this sub-section, which provides that an appeal from any such order of an inferior court as is mentioned in sub-s.1 to S.384 shall lie to the District Judge, and not to the High Court, and that the District Judge may 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 the District Judge. Under sub-s.3 of this section the appellate orders of the District Judge are made final, subject to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure.