MANBODHANI Vs. RAMSWAROOP

JUDGEMENT

(1.) This appeal by appellant Smt. Manbodhani under section 384 of the Indian Succession Act is directed against the order dated 3-7-1979 passed by the Additional District Judge, Ambikapur in Succession Case No. 16 of 1978 whereby the application for revocation of succession certificate granted by the Court to respondent Ramswaroop on 24-11-1976 in Succession Case No. 6-A of 1976 in respect of various amounts claimable by deceased employee Shobit Ram from his employer Khureia Colliery was dismissed.

(2.) The appeal is misconceived and is liable to be dismissed on the short ground of being not maintainable under section 384 of the Indian Succession Act. Sub-section (1) of section 384 reads as follows:-

(3.) It is true that the power of the High Court to entertain a revision against an order refusing to revoke a certificate is not taken away. In fact, sub-section (3) of section 384 of the Act reiterates the said power in the following words - "Subject to the provisions of sub-section (1) and the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908 as applied by section 141 of the Code, an order of a District Judge under this part shall be final." But, then, in the present case, it was an overall appreciation of the evidence produced in the case that the Additional District Judge reached the finding that the appellant failed to establish that she was the legally married wife of the deceased employee. There was nothing contained in the record on the basis of which the said finding could be interfered with in a revision.