DADANBAI Vs. HARDAS PREMCHAND

JUDGEMENT

(1.) This petition under Article 227 of the Constitution challenges the order dated 9th March, 1982 passed by the learned trial Judge rejecting Miscellaneous Application No. 32 of 1979 filed on Original Miscellaneous Application No. 11 of 1966.

(2.) The petitioner herein had filed Miscellaneous Application No. 11 of 1966 for grant of succession certificate in respect of debts and securities of her deceased husband Premchand. This was under section 372 of the Indian Succession Act. On that petition, the following order was passed by the Court on 27th January, 1967 :--- Succession certificate be issued in the name of the applicant on furnishing security to the extent of shares of minors on payment of Court fees. Costs to come out of the estates of the deceased."

(3.) Subsequently, in the year 1979, the petitioner filed Miscellaneous Application No. 32 of 1979 stating, inter alia, that all those who were minors at the time of the 1966 application supra had then become majors. It was further stated that none of the opponents to the said application (who are respondents Nos. 1 to 4 to the present petition) had any objection to the grant of succession certificate in the name of the petitioner herein in respect of securities as prayed for. It was further stated that in fact opponents Nos. 2, 3 and 4 had also filed affidavit in support of the petitioners above application. Request was ultimately made for issue of succession certificate. The learned trial Judge, by the impugned order of 9th March, 1982, dismissed this application. Hence, this petition.