MANDADI NARAYANAMMA Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 115, C.P.C. to revise the order dated 25-9-1972 made in C. F. No. 2877/72 on the file of the District Munsif, Kandu-kur, directing the petitioner to present the Succession Certificate Application under Section 372 of the Indian Succession Act to the proper court.

(2.) The 1st petitioner is a minor represented by her paternal uncle as next friend and guardian and petitioners 2 and 3 are majors and sisters of the 1st petitioner. The learned District Munsif, relying on Rule 13-A of the rules framed under the Indian Succession Act, held that unless the guardian representing the minor 1st petitioner obtains an order from a competent court under the Guardians and Wards Act, appointing him as a guardian the petition cannot be entertained.

(3.) Shri M. B. Rama Sarma, the learned counsel for the petitioners, assails the above order as not proper.