SUDARSHAN SHAW Vs. SUBHAS SHAW

JUDGEMENT

(1.) This appeal is at the instance of an applicant under section 372 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') and is directed against Order No. 22 dated 4th November, 2003 passed by the learned Chief Judge, City Civil Court at Calcutta in Act 39 Case No. 103 of 2000 thereby holding that in the absence of death certificate of the deceased the proceedings under section 372 of the Act was not maintainable unless the applicant gets a declaration as to the death of deceased by filing separate proceedings in a Civil Court.

(2.) The appellant herein filed the aforesaid proceedings under section 372 of the Act for grant of Succession Certificate for the purpose of receiving the debts and security of one Subhas Shaw, his father, who was. last seen on 2nd May, 1993 and was missing from his place of residence at 37D/2, Hari Ghosh Street, Calcutta - 6 from that day.

(3.) In the said application, it was alleged that from 2nd May, 1993 the said Subhas Shaw was not traceable, as a result, the applicant made general diary in the Burtolla Police Station on 24th May, 1993 and also gave information to the Calcutta Doordarshan Kendra, Golfgreen for telecasting the missing information and published the fact of missing with photographs under the heading "Jankari Chahia" in "Sanmarg", a Hindi Daily Newspaper on 3rd August, 1993, but till the date of filing of the application, nobody could give any information about the said person. In the meantime, seven years have passed and as such, it should be presumed that the said Subhas Shaw died on or about 2nd May, 1993.