SAUKAT ANSARI Vs. ASRAFAN NESA

JUDGEMENT

(1.) This revision is directed against the order dated 5th January, 2002 passed by the Additional District and Sessions Judge (Fast Track Court), Baripada in Succession Misc. Appeal No. 2/27 of 2001-97 upholding the order dated 3.10.97 passed by the learned Civil Judge (Senior Division), Karanjia in Succession Misc. Case No. 5/96 allowing the prayer of the applicant Md. Nabi i.e., the predecessor-in-intercst of the present opposite parties and directing to grant succession certificate in favour of the aforesaid applicant.

(2.) The petitioner, who claims to be the foster son of the deceased Sk. Sahadulla and his widow, objected to the grant of such succession certificate to Mohammad Nabi, the natural brother of the deceased Sk. Sahadulla, i.e., the predecessor-in-interest of the present opposite parties on the ground that no succession certificate can be granted as the said application do not come within the scope and ambit of Section 372 of the Indian Succession Act, 1925 (for short 'the Act'). In this context it is contended before this Court on behalf of the petitioner that the seized ornaments can by no stretch of imagination be construed as a 'debt', as it has been used in Section 370 of the Act. On the contrary, the learned counsel for the petitioner relies on a decision of the Allahabad High Court in the case of Dina Nath v. Balkrishna wherein the following observations were made:

(3.) The facts of the case cited above, are some way similar to the case at hand. In the case cited above, succession certificate was applied for by the legal heirs.