PREM CHAND Vs. SUNIL KUMAR

JUDGEMENT

(1.) THIS appeal purports to be one under section 384 of the Indian Succession Act, 1925. It is directed against an order passed by the Civil Judge reiecting appellant's application for revocation of Succession Certificate granted to the respondents and also an order extending the grant of Succession Certificate in respect of some other assets.

(2.) LEARNED counsel for the respondents has taken a preliminary objection about the maintainability of the appeal. His submission is that when powers of the District Judge are conferred on Civil Judge under section 388 (1) an appeal against an order passed by him only lies to the District Judge, irrespective of the valuation of the appeal.

(3.) IT is not disputed here that a notification conferring powers of the District Judge on the Civil Judge has been issued and the proceedings out of which the present appeal arises had been disposed of by that Court in exercise of powers so conferred.