JASKUNVER Vs. KANCHANBAI

JUDGEMENT

(1.) This revision petition is directed against the order dated 1-10-85 passed by the Second Addl. Judge to the Court of District Judge, Ratlam in Succession Case No. 4 of 1982.

(2.) The facts leading to this revision petition, in short, are that the present applicant filed an application under S. 372 of the Indian Succession Act (hereinafter called the Act) for obtaining succession certificate regarding debts and securities forming part of the estate of the deceased Bhomsingh son of Ramlal Purhohit, aged about 62 years, who died on 10-7-1982 at Ratlam. The applicant claims to be real elder sister of the deceased who had no children or wife surviving him. According to the applicant the deceased had three accounts in the Banks specified in the petition, but she could not know the exact amount of the deposits in the Bank and she was also not in know of the different amounts advanced as loan to different persons. Therefore, she valued the debts and securities provisionally at Rs. 21,000/-. According to the applicant, the non-applicants Nos. 1 and 2 were claiming as widow and daughter of deceased Bhomsingh respectively, therefore, a prayer for issuance of citation to them was also made. However, the non-applicant No. 4 also became an objector. The proceedings for issuance of the certificate is still pending before the lower Court. However, during the proceedings I.A. Nos. 7 and 8 were decided against the applicant. Hence this revision petition.

(3.) I.A. No. 7 has been filed on behalf of the applicant stating therein that the non-applicants Nos. 1 and 2, who are the objectors, have filed a civil suit before the Court of the District Judge wherein they have sought a declaration of being the wife and daughter of the deceased Bhomsingh and, therefore, the objectors have no locus standi to object to the grant of the succession certificate to the applicant in view of the fact that the matter pertaining to adjudication of the status of the objectors is already pending before competent Court. Therefore, their objections be dismissed in limine. I.A. No. 8 has been filed by the objectors non-applicants Nos. 1 and 2 wherein it has been prayed that the total amount for which the succession certificate has been sought in Rs. 1,93,888/- and, therefore, the applicant be directed to pay the court-fee on that amount. The lower Court disallowed I.A. No. 7 and allowed I.A. No. 8, aggrieved by which the revision is directed.