KRISHNA DEY Vs. RENUKA ROY

JUDGEMENT

(1.) The petitioners have filed this revisional application challenging the order by which an application for grant of the extended succession certificate was allowed. A point is taken whether an order granting the extension of succession certificate under section 376 of the Indian Succession Act 1925 is appealable under section 384 of the said Act. Learned Advocate appearing on behalf of the petitioners contends that section 384 of the said Act provides an appeal against granting, refusing or revoking a certificate and the present case does not fall in any of such category and as such the order under challenge is not appealable. To support such contention he relies upon a judgment of the Madras High Court in the case of Venkateswarulu (A minor, by his father and guardian Muktala Venkatachallam) Vs. Brahmaravutu Raja Kristnaji & Ors. reported in ILR 25 Madras 634.

(2.) Learned Advocate appearing on behalf of the petitioners further submits that even if it is held that the order is appealable, the power of the High court under Article 227 of the Constitution of India is wide enough to invoke if there is serious dereliction of duty and flagrant violation of fundamental principles of law or justice. Reliance is placed upon a judgment by the apex court in case of Estralla Rubber Vs. Dass Estate (P) Ltd. reported in (2001) 8 SCC 97 and in case of Chandavarkar Sita Ratna Rao Vs. Ashalata reported in AIR 1987 SC 117. However to further attack the impugned order, he relies upon a judgment of the Supreme Court in case of State Bank of India Vs. M. S. Basi & Ors. reported in (2004) 11 SCC 347 that an order without affording opportunity of hearing to the party adversely affected, deserves to be set aside for want of opportunity of hearing. Per contra, learned Advocate appearing on behalf of the opposite parties submits that the order granting the extended certificate is appealable under section 384 of the said Act and relies upon a judgment of the Allahabad High Court in case of Brij Bihari Mishra & Ors. Vs. Vijai Shanker Mishra & Ors. reported in AIR 1991 Allahabad 236.

(3.) Having considered the submissions, I find that Part X of the Indian Succession Act deals with the succession certificates. Section 372 of the said Act provides the procedure for making an application for certificate before the District Judge and the power to adjudicate such application is also conferred upon the said District Judge under section 373 of the said Act. Section 376 of the said Act deals with the extension of the succession certificate and it would be profitable to quote the same :