JOGINATH GOCHHI Vs. SUDHAKAR PATI

JUDGEMENT

(1.) The present opposite party Nos. 1 and 2 filed application under S. 372 of the Indian Succession Act for grant of Succession Certificate after the death of deceased Nabaghana Khatun. The opposite parties 1 and 2 claim that, being the son of the predeceased sister of the deceased Nabaghana, they are the legal heirs and entitled to withdraw the Bank deposits indicated in their petition. Objection was filed by the present petitioners. It was claimed by them that the present petitioner No. 1 was the adopted son of Nabaghana. The matter was disposed of by the Civil Judge (Senior Division) by refusing to issue Succession Certificate and by directing the parties to file appropriate suit for establishing their right, if any. The present opposite parties 1 and 2 filed Misc. AppealNo. 143 of 1994, which has been allowed by the Addl. District Judge, Cuttack, who has directed that the Succession Certificate should be granted in favour of the present opposite parties 1 and 2 subject to execution of security to the tune of Rs. 60,000/-. The said order is under challenge in this Revision.

(2.) The learned counsel appearing for the petitioners, vehemently contended that the appellate Court has reversed the order of the Trial Court and granted Succession Certificate in favour of opposite parties No. 1 and 2, without considering the materials properly and without any reasonable basis. It is further contended that the Succession Certificate could not have been granted in favour of one person, and grant of Succession Certificate jointly in favour of opposite parties 1 and 2 is improper.

(3.) The learned counsel appearing on behalf of the contesting opposite parties 1 and 2, has supported the order passed by the lower Appellate Court.