DEVIDAS DHONDIBA ALANDE Vs. TANAJI SADASHIV ALANDE

JUDGEMENT

(1.) THE present Civil Revision Application is preferred by the Petitioner against the Order dated 21st March 1992 passed by the District Judge, Pune in the Petitioner's Application.

(2.) THE facts of the present matter in a nut-shell are that the Petitioner had filed a Misc. Application No.795 of 1980 for Letters of Administration of the Will executed by one Gunabai. THE Joint Civil Judge, Senior Division, Pune was pleased to grant Letters of Administration by his Judgment and Order dated 29th March 1989. Against which the Respondents have preferred a Civil Appeal No.473 of 1989 in the Court of the District Judge at Pune. THE Petitioner on realising that the Schedule as required was not filed with the Misc. Application, by an application dated 13th February 1991 prayed for an amendment to the original Misc. Application by allowing the Petitioner to insert the said Schedule. THE said amendment application was allowed by the District Court. As a result of which the valuation of the property became more than Rs.50,000/- and therefore another application was filed by the Petitioner on 19th September 1991 before the District Court praying that in view of the valuation now exceeding Rs.50,000/-, the Appeal filed by the Respondent could not have been filed in the District Court, but should have been filed before the High Court. THE said application being marked as Exhibit No.27 was rejected by the District Court by its order dated 21st March 1992 hence the present Civil Revision Application is filed by the Petitioner.

(3.) I find considerable merit in the submissions made by Mrs. Mutalik. Looking at the scheme of the Indian Succession Act, it is obvious that Part - X deals with Succession Certificates and Part - IX deals with Probate and Letters of Administration. There is no dispute as to the fact that the matter related to Letters of Administration and that the amendment whereby the Schedule was added increased the valuation beyond Rs. 50,000/-. In view thereof and in view of the clear provisions of law, the Order requires to be set aside and is hereby set aside.