LAWS(ALL)-1991-3-28

BRIJ BIHARI MISHRA Vs. VIJAI SHANKER MISHRA

Decided On March 07, 1991
BRIJ BIHARI MISHRA Appellant
V/S
VIJAI SHANKER MISHRA Respondents

JUDGEMENT

(1.) This appeal is directed against an order rejecting an application for revocation of a succession certificate granted by the Court below.

(2.) The succession certificate was granted to respondent No. 1 on 21st Apr., 1989 in respect of certain debts and securities of the deceased Sudama Misra. The appellants claim that the said Sudama Misra had executed a Will in their favour on 20th Nov., 1982 and as such they ought to have been impleaded as parties. Since the appellants were not made parties in the said proceedings the succession certificate granted to the respondent was liable to be revoked.

(3.) The parties are related to the deceased as will be obvious from the following pedigree :