KAMAL KRUSHNA MURTY PATRA (DEAD) AFTER HIM, HIS L. RS. KAMALA MOHALAXMI PATRA AND ORS. Vs. GANDHIJI SANGITA KALAMANDIR, A REGISTERED SOCIETY, REPRESENTED BY ITS COMMITTEE MEMBERS KHETRABASI BESOI AND ORS.

JUDGEMENT

(1.) PETITIONER applied for a succession certificate. As required under Section 379 of the Indian Succession Act, he deposited the amount for expending the same for collection of court -fee. His application was allowed. Opp. party No. 2 challenged the order in High Court in appeal. This Court has set aside the order and directed the trial Court to reconsider the question of grant of succession certificate afresh. It is stated that after remand, there was a compromise.

(2.) AFTER compromise, petitioner prayed for refund of the money deposited. Trial Court held that the same cannot be refunded which is grievance of petitioner.

(3.) IN view of the aforesaid position, trial Court is required to consider each stage of the application to consider whether legally the amount would have been expended as provided under Section 379(2) of Indian Succession Act. In case, such an amount could not have been expended, since it depends upon the succession certificate being allowed, petitioner would be entitled to refund of the amount.