VITTHAL RAMCHANDRA MALI Vs. LAXMI GANPATI MALI

JUDGEMENT

(1.) THE submissions of the Advocates appearing for the Appellants in these two Appeals were heard on 4th May, 2006. The challenge in both the Appeals is to orders passed by the courts of Civil Judge, Senior Division on Application under section 372 of the Indian Succession Act, 1925 (hereinafter referred to as the said Act of 1925) for grant of succession certificate. The question to be decided in these Appeals is whether the Appeal under section 384 of the said Act of 1925 against the decision of the learned Civil Judge, Senior Division will lie to this Court or to the District Court. In First Appeal No.1347 of 2005, a report of the Registrar of this Court was called for on this aspect. The Report is accordingly submitted which is referred to in the later part of the judgement.

(2.) IT will be necessary to refer to the relevant provisions of law which are necessary for deciding the aforesaid question. Section 384 of the said Act of 1925 reads thus:

(3.) THE Registrar (Judicial I) has submitted a report dated 3rd May, 2006 inviting my attention to a notification dated 25th October, 1890 issued by the Governor in Council. The said notification has been issued in exercise of power conferred on Local Government under Section 26(1) of the Succession Certificate Act, 1889 (hereinafter referred to as Act No. VII of 1889). By the said notification, the Governor General in Council invested with the functions of a District Judge under the. said Act No. VII of 1889 the courts of all subordinate Judges in the state which have not been already so invested. Under, the said Act 1889 a provision was made for grant of succession certificates and jurisdiction to grant succession certificate was vested in District Court.