GAJEN TALUKDAR Vs. DIPAMONI DAS

JUDGEMENT

(1.) Heard Mr. P.P.Das, learned counsel for the appellants. Also heard Mr. J.I. Borbhuyan, learned counsel appearng for the respondent.

(2.) The legality and correctness of the judgment dated 4-1-2000 passed by the learned District Judge, Nalbari in Misc. (J) Case No. 50/99 arising out of Succession Case No. 28/98 has been challenged in this appeal on the sole ground that the learned Judge misconstrued Section 383 of the Indian Succession Act, 1925 (for short, the'Act') and revoked the Succession Certificate duly granted to the appellant contrary to the provisions of Section 383 of the Act.

(3.) The factual matrix of the case as disclosed in the pleadings placed on record by the rival parties is that the appellant, the father of the deceased Dipen Talukdar who had an insurance policy for an amount oi Rs. l,00,000/- in his name and on being shot dead by some miscreants on 19-8-97, approached the learned District Judge, Nalbari in Succession Certificate Case No. 28/98 on 29-4-98 for granting Succession Certificate in his favour with regard to the amount under the insurance policy aforesaid. The learned Judge on being satisfied with the materials on record made available before him, granted such Succession Certificate vide order dated 10-11-98.