GITA DAS & ANR Vs. SEPHALI LATA DAS

JUDGEMENT

(1.) This second miscellaneous appeal has been filed by the appellants challenging an order passed by the learned Appeal Court in the miscellaneous appeal arising out of a proceeding under the Indian Succession Act relating to grant of succession certificate. The District Delegate refused to grant the succession certificate in favour of the applicants/appellants. The said order was challenged by the appellants before the court of the learned District Judge, South 24-Parganas at Alipore. The appeal was dismissed. The order of the learned District Delegate which was challenged in the said appeal was affirmed. Challenging the legality and/or propriety of the said order passed by the learned Appeal Court, the instant second miscellaneous appeal has been filed by the appellants.

(2.) The Stamp Reporter has expressed his doubt about the maintainability of the instant second miscellaneous appeal in view of the provision contained in Section 104(2) of the Civil Procedure Code.

(3.) Mr. Roy, learned advocate appearing for the appellants has drawn our attention to the provision of Section 388 of the Indian Succession Act which, in our view, is the decisive factor to decide the issue as to whether this second miscellaneous appeal will lie before this High Court or not. Section 388(2) and Section 388(3) of the Indian Succession Act are set out hereunder :-