STATE BANK OF INDIA Vs. NETAI CH POREL

JUDGEMENT

(1.) This is revisional application at the instance of the petitioner, State Bank of India and is directed against an order dated Dec. 3, 1980 passed in Act 39, Case No, 414/78 of the Court of the District Delegate at Alipore.

(2.) Facts are simple and may be stated thus.

(3.) One Juthikabala Porel wife of the opposite party No. 1 kept certain ornaments and jewelleries in a Safe-Deposit Locker of the State Bank of India at its main branch, Calcutta. She having died, her husband the opposite party herein applied for succession certificate in respect of the said goods which was registered as Act 39, Case No. 414/78, After the filing of the said application a question was raised by the Court as to whether the prayer for grant of succession certificate in respect of the said goods was maintainable. After hearing the learned Advocate for the opposite party the petitioner in that case, the learned District Delegate by his order dated June 12, 1978 held, on the authority of the decision in the case of Dina Nath v. Balkrishna, that the liability to refund the ornaments was a debt and as such the application for the grant of succession certificate in respect of the same was maintainable. The petitioner was accordingly directed to file the requisite stamp duty, Subsequently on Feb. 18, 1980 the succession certificate was granted. Thereupon the petitioner herein, the State Bank of India filed an application for reconsideration of the order dated June 12, 1978. This application was disposed of by the order impugned, it was held that the question regarding maintainability of the application for succession certificate was thoroughly considered by the order dated June 12, 1978 and on the basis thereof the succession certificate was granted by the Court on Feb. 18, 80. The learned Judge held that the application of the State Bank of India was misconceived in so far as the order for grant was required to be revoked before the order dated June 12, 1978 could be reconsidered. The application was accordingly rejected.