KESAR SINGH SANT SINGH Vs. TEJ KAUR

JUDGEMENT

(1.) THIS is an appeal by Kesar Singh and others who had applied for the grant of a succession certificate in respect of the estate of Dhan Devi who died on the 31st of March 1959. The appellants claimed to be the collaterals of Ala Singh, husband of the deceased Dhan Kaur. The claim made by the appellants in their application of the 25th of July 1959 did not find favour with the Subordinate Judge who also dealt with the competing claim of Tej Kaur who propounded a will in her favour executed by Dhan Devi. Before the evidence came to be recorded, Guro and Nimo daughters of Chattar Singh a relation of Ala Singh, prayed for the grant of a succession certificate.

(2.) THE claim of the appellants was repelled on the ground that they had not produced any pedigree-table to show their connection with the common ancestor Ram Singh. A request on behalf of the appellants for a further adjournment was not granted by the trial Court. The Court further observed that the claim of the appellants as also of Guro and Nimo for the grant of a succession certificate could not be entertained because Tej Kaur had set up a will of Dhan Devi in her favour. Without examining the contents of the will or asking for its proof, the learned Judge proceeded to grant a succession certificate to Tej Kaur. It is against this order that the appellants Kesar Singh and others have come up in this appeal.

(3.) THERE can be no manner of doubt that the order passed by the trial Judge is wholly insupportable. The Court has granted a succession certificate in favour of Tej Kaur whose basis for the claim was a will in respect of which no probate has been sought or granted. Under Sub-section (1) of Section 370 of the Indian Succession Act" a succession. . . . . shall not be granted under this Part with respect to any debt or security to which a right is required by Section 212 or Section 213 to be established by letters of administration or probate. " Under Section 213 of the Act no legatee can set up a right