HADINBAI Vs. C H PARWATI

JUDGEMENT

(1.) THIS Civil Revision Application has been purported to be filed under Sub-section (3) of Section 388 of the Indian Succession Act, 1925. The impugned order has been passed on 28-3-1989 in an appeal by the District Judge, Bastar at Jagdalpur, being Civil Appeal No. 11/88. The learned District Judge has passed the order in an appeal from the order dated 15-7-1988 passed by the Civil Judge (Class-I), Jagdalpur, in Succession Case No. 5/84. The entire value of the 'property in respect of which a succession certificate has been claimed by the present applicant Smt. Hadinbai, is Rs. 12,066. 00 only comprising two properties; one is for Rs. 10,000. 00 under the Family Benefit Scheme and the other is for Rs. 2,066. 00 lying to the credit of the deceased C. H. Dharmarao in his G. P. F. Account. These are the only two items in respect of which succession certificate has been claimed to be granted.

(2.) WHEN the case was taken up for hearing, Shri S. C. Pandey, learned counsel for the N. As. , raised a preliminary objection with regard to the maintainability of this Civil Revision Application. He submitted that there is no revisional power conferred on the High Court under Sub-section (3) of Section 388 of the Indian Succession Act, 1925 and if at all revision could lie, it could lie only Under Section 115 of the Code of Civil Procedure. No Civil Revision is maintainable in the High Court Under Section 115 of the Code of Civil Procedure as amended by the M. P. State; and since the valuation of the case out of which these proceedings have arisen is less than Rs. 20,000. 00, the High Court is not empowered to entertain any such civil revision application. There is sufficient force in the preliminary objection of learned counsel for the N. As.

(3.) SECTION 388 (3) of the Indian Succession Act lays down as under :