LAWS(ALL)-2007-9-41

SHYAM LAL Vs. SATYA NARAIN

Decided On September 06, 2007
SHYAM LAL Appellant
V/S
SATYA NARAIN Respondents

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties.

(2.) SECOND revision is withdrawn/treated to be withdrawn to this Court under Section 24, C. P. C.

(3.) THE second revision is directed against order dated 13-5-1985 passed by I Additional Civil Judge, Kanpur in O. S. No. 190 of 1983 in between the same parties involving the same question. THE said case was instituted under Section 370 of Succession Act for obtaining succession certificate. In the said case also learned Civil Judge held that in view of Smt. Pitmo v. Shyam Singh, AIR 1978 Alld 301, probate was not necessary, hence, petition for grant of succession certificate under Section 370 on the basis of Will was maintainable.