SURJA KUMAR GAYAN Vs. PUTUL BORAH

JUDGEMENT

(1.) This is purported to be an appeal U/S 384 of the Indian Succession Act, 1925 directed against the judgment and order dated 26.9.94 passed by the learned Addl. District Judge, Nagaon in M.J. Case No. 157/90 dismissing the application filed U/S 383 of the Act for revocation of the Succession Certificate granted to the respondent in Misc. (Succ) Case No. 76/1990.

(2.) Mr. Purkayastha, learned counsel for the appellant, submits that the learned Addl. District Judge failed to exercise the jurisdiction inasmuch as being the original Court it ought to have come to the findings on the basis of the evidence on record. That the Court below committed a serious illegality in not examining the witnesses produced by the appellant and that the learned Court committed a grave error in not examining such witnesses when the appellant brought and produced them before the Court. That the findings of the learned Court below to the effect that the appellant failed to prove his case by examining Bhuban Das whom Court considered to be the sole material witness wholly overlooking the fact that there was no failure on the part of the appellant to examine him inasmuch as he filed the list of witnesses under Order 16, Rule 1 CPC. Mr. Purkayastha, learned counsel has also strenuously argued that the Court below acted without jurisdiction in disputing the validity of the adoption which is outside the parameter of the said Court inasmuch as the question of validity or otherwise of the adoption can only be considered by a civil Court.

(3.) Mr. D.R. Bora, learned counsel appearing for the respondent has raised the preliminary point that the impugned order of the learned Addl. District Judge rejecting the application for revocation is not maintainable U/S 384 of the Indian Succession Act, 1925. Section 384 of the Act reads :