LALI BAI AND ANOTHER Vs. GULA BAI

JUDGEMENT

(1.) One Kabruram died on 29.9.1980, leaving behind him a sum of Rs. 40,000/- in his account under the custody and control of Superintendent of Police, Surguja. The applicants (herein) presented a petition under section 372 of the Indian Succession Certificate in their favour, for withdrawing the said amount. One Gulabai also claimed to be the legally married wife of Kabruram. Hence, she was made a non-applicant in those proceedings. The trial Court granted succession certificate in favour of the applicants (herein). The non-applicant Gulabai, being aggrieved by the order of the trial Court, preferred an appeal before the District judge, Surguja, under section 394 of the Indian Succession Act. The appellate Court allowed the appeal and reversed the order of the Trial Court. Hence, this revision.

(2.) The learned counsel for the non-applicant took a preliminary objection regarding the maintainability of this Civil Revision under Section 388 (3) read with section 115 of the Civil Procedure Code. The argument of the learned counsel for the non-applicant is that the order of the District Judge not being a case arising out of original suitor other proceedings, shall not be revisable under section 115 of the Civil Procedure Code.

(3.) The learned counsel appearing for the applicants argued that the order of the District Judge arose from the original proceedings under section 372 of the Indian Succession Act. Hence, shall be covered under section 388 sub-clause (3) of the said Act, which read as under :