VIMLA PACHISIA & ORS Vs. GENERAL PUBLIC

JUDGEMENT

(1.) In the wake of petition under Section 372 of the Indian Succession Act, the trial Judge granted the succession certificate to the petitioners, by virtue of impugned order dated 11.11.2010 (Annexure P1), the operative part of which is (para 8) as under:-

(2.) Aggrieved by the conditions of furnishing the requisite indemnity bond with one surety in the like amount, the petitioners have preferred the instant revision petition, invoking the provisions of Article 227 of the Constitution of India.

(3.) Having heard the learned counsel for the petitioners, having gone through the record, the difficulties projected by the learned counsel and after deep consideration over the entire matter, the impugned order (Annexure P1) is modified to the extent that petitioners would furnish only their personal indemnity bond, without any independent surety. However, the other conditions of payment of stamp duty etc., before issuing the indicated succession certificate, are hereby maintained. The present revision petition is disposed of accordingly.