A K HARI GOPAL Vs. BALAJI SINGH

JUDGEMENT

(1.) This appeal is filed against the judgment in O.P. No.88 of 1996 passed by the I Additional Chief Judge, City Civil Courts, Secunderabad, dated 28-8-1998.

(2.) O.P.No.88 of 1996 was filed for grant of Succession Certificate under Section 372 of the Indian Succession Act (for short 'the Act') by the respondent herein claiming to be the brother of Kishan Singh who died on 21-2-1995 at Hyderabad on the ground that he died unmarried and that the respondent and his sons are the only legal heirs of the deceased Kishan Singh. The deceased Kishan Singh advanced a sum of Rs.1,00,000/- to Sri A.K. Hari Gopal and his wife Smt. Nalini Hari Gopal and for recovering the said amount, the respondent as the legal heir of Kishan Singh requires Succession Certificate. The said A.K. Hari Gopal and his wife Smt. Nalini Hari Gopal, the appellants herein objected to grant of Succession Certificate on the ground that there are other legal heirs of late Kishan Singh. The learned Judge granted the Succession Certificate. Therefore, the said Hari Gopal and his wife Smt. Nalini Hari Gopal who borrowed the money from late Kishan Singh, viz., the debtors, filed the present appeal.

(3.) On a perusal of the impugned judgment, we find that the procedure contemplated under Section 373 of the Act has not been followed by the learned Judge. Under Section 373, it is provided that the District Judge on being satisfied that there is a ground for entertaining the application, cause the notice of the application published in the manner prescribed. No Rules were brought to our notice prescribing the manner in which the notice is to be published.