JINU BEGUM Vs. SAFAR ALI

JUDGEMENT

(1.) This revision application iis against the order dated 29.1.91 passed by the learned Addl. District Judge, Nagaon in Misc. (Succession) Case No. 23 of 1989.

(2.) It appears that in a Succession Certificate Case, the learned Addl. District Judge has sent the petitioner who is daughter-in-law of the opp. party to the civil prison and has directed the petitioner to pay Rs. 31,308/-along with interest @ 12% to the father-in-law of the opp. party.

(3.) From the record, it appears that on the death of the husband of the petitioner certain properties of the husband was to be divided amongst heirs and legal representatives according to Muslim law. The succession certificate was issues whereby certain directions were given for distribution of the deceased's property. The petitioner was directed by the Court to make certain payments to the father-in-law of the petitioner. On failure of the petitioner to pay the said amount, the Court below admittedly by way of coersive measure directed the petitioner to be held in civil prison holding that though the Succession Act is silent as to how the money would be realised as per directions of the Court giving the succession certificate, the Court is not important. Under the inherent power of the Court & for ends of justice under Section 151 CPC, the Court can direct the petitioner to be kept in civil prison.