HARSHIDA HARSHADBHAI SAHITA Vs. NA

JUDGEMENT

(1.) The petitioners, who are the original petitioners in the Succession Certificate Application No.71 of 2019, have challenged the order dtd. 31/3/2021 passed in Civil Misc. Application No.61 of 2021 rejecting their prayer by the Court-below observing that there was no clerical mistake committed by the Court-below.

(2.) Heard learned advocate for the petitioners.

(3.) It is submitted by learned advocate for the petitioners that the petitioners have preferred an application for getting Succession Certificate before the Trial Court. It was specifically averred in the application particularly in Paragraph-3, Clause-(b) that in the UCO Bank, Memnagar Branch, Fixed Deposit No.392083, amounting of Rs.28,56,062.00 was deposited. The petitioners have produced list of documents with all the relevant details. At Exh.14, the list of various deposits of UCO Bank, in all 15 fixed deposits were listed. The Trial Court issued Succession Certificate vide order dtd. 6/9/2019. It is further submitted that in the Succession Certificate also, the Trial Court has specifically referred to the details that there are 1-14 article against passbook having 15 documents. The petitioners approached the UCO Bank, Memnagar Branch, Ahmedabad for getting the fixed deposits transferred, but however, on 16/1/2021, letter was written by the bank that so far as the amount of Rs.28,56,062.00 is concerned, there are different fixed deposits receipts and only one fixed deposit receipt No.392083 was mentioned in the order. The Bank Authority refused to release the amount and asked the petitioners to get modification done in respect of each and every fixed deposit receipts claimed by the petitioners in the said Succession Certificate. It is further submitted that an amount of Rs.28,56,062.00 was in the name of deceased - Vanravandas Ponda and there were 15 different fixed deposit receipts which were having total amount of Rs.28,56,062.00. The petitioners again approached the Trial Court for modification by way of Application No.61 of 2021 with a request to reflect all the 15 fixed deposits of UCO Bank having total sum of Rs.28,56,062.00 under Sec. 151 of the Code of Civil Procedure, 1908 (hereianfter referred to as "the CPC" for short). It is further submitted that however, the Trial Court refused to accept the prayer made by the petitioners by rejecting their application. It is further submitted that non- exercise of powers vested under Sec. 151 of the CPC was seriously prejudiced the rights of the petitioners in getting inherited the property, which was inherited by them from their deceased father and no one has made any claim over the property. It is further submitted that in the Succession Certificate also, it is clearly described by the Court-below that the amount available in the fixed deposit receipts of the UCO Bank is Rs.28,56,062.00 and such amount is undisputed. That only issue was non-mentioning of all the numbers of the fixed deposit receipts which were technical and clerical error. Hence, it was requested by learned advocate for the petitioners to quash and set aside the order dtd. 31/3/2021 passed in Civil Misc. Application No.61 of 2021 holding and declaring that the same is illegal, erroneous and contrary to law and further prayed to direct the Trial Court to issue supplementary Succession Certificate reflecting numbers of all the fixed deposit receipts shown at Exh.14 available in the name of the deceased - Vanravandas Jagjivandas Ponda.