MITALI SHAH Vs. SHAFALI SHAH

JUDGEMENT

(1.) The present appeal from order under Sec. 384 of the Indian Succession Act, which has been preferred by the plaintiff/appellant, is as against the impugned judgment dtd. 24/9/2019, as it was rendered by the court of 4th Additional Civil Judge (Senior Division), Dehradun, in Miscellaneous Case No. 180 of 2019, "Smt. Mitali Shah Vs. Smt. Shafali Shah and another", by virtue of which, in an ex parte proceeding, which were held before the court below, on the appellant's application under Sec. 370 of the Indian Succession Act, was rejected.

(2.) If the impugned judgment is taken into consideration, in fact the application, which was preferred by the present appellant before the learned court below, it was to the effect that she has invoked Sec. 370 of the Act, for the purposes of seeking a succession certificate in order to operate the lockers of Late Smt. Nirmala Shah @ Nalini Shah, and that of Late Mr. Chiranji Lal Shah, which was standing in the State Bank Branch, of District Dehradun.

(3.) Primarily by the impugned order dtd. 24/9/2019, the Court has rejected the application, after considering the no objections taken by the respondent in their application, being Paper No. 15(b) (2), and while making reference to the judicial precedents relied by the learned court below while taking into consideration the ratio laid down by the Chhattisgarh High Court as reported in AIR (2007) Chhattisgarh Page 36, "Vimla Devi Vs. Shobha Walia and others", as well as considering the ratio laid down by the Calcutta High Court in a judgment reported in 1982 AIR Calcutta (92), "State Bank of India Vs. Netai Chand Poral", it had rather laid down, that so far as the provisions contained under Chapter 10 of the Succession Act, is concerned, since Sec. 370 to be read with 372 of the Act, which contemplates entertainment of the application for the grant of the succession certificate in relation to the assets of the deceased, which is being sought to be succeeded, there are certain exceptions, which are self contained as has been carved out under Sec. 370 of the Act, the restrictions of the grant of the succession certificate in relation to the properties, which are covered by sub-sec. (2) of Sec. 370 of the Act, its only in those eventualities part 10 of the Succession Act of 1925, would be attracted. The relevant paragraph no. 6, of the judgment is extracted hereunder:-