RAM KUMAR Vs. SHOOLA DEVI

JUDGEMENT

(1.) Present civil revision is filed by revisionist under Section 388(4) of Indian Succession Act, 1925 (hereinafter referred to as 'Succession Act') challenging the judgment and order dated 15.07.2009 passed by District Judge Faizabad in Misc. Civil Appeal No.15 of 2009, which was preferred under Section 384/388(2) of Succession Act. The said appeal was allowed by the District Judge and by the said judgment and order, the District Judge had allowed the application of the respondents herein for grant of a succession certificate and order dated 02.02.2009 passed by the Judge S.C.C. Faizabad in Misc Case No.16 of 1998 was set aside. By his order dated 02.02.2009, the Judge S.C.C. Faizabad cancelled the succession certificate earlier granted in favour of respondents herein and had directed for granting a succession certificate in favour of revisionist herein.

(2.) The respondents have raised a preliminary objection with regard to the maintainability of the present civil revision. The objection of the respondent is that Section 388(4) does not provide for any civil revision. Power vested in the District Judge under Section 388(4) is with regard to withdrawing any proceedings from any court inferior to him and to dispose of the same himself or transfer them to another court. Such a power is only for transfer of the proceedings and is not a revisional power. Therefore, no revision can be filed under Section 388(4) of the Succession Act.

(3.) Learned counsel for the revisionist submits that the same is a typing error and in fact the revision would be maintainable under Section 388(3) of the Succession Act.