LAWS(P&H)-2006-4-232

RANJIT KAUR Vs. SURJIT KAUR

Decided On April 18, 2006
RANJIT KAUR Appellant
V/S
SURJIT KAUR Respondents

JUDGEMENT

(1.) THE petitioner has sought transfer of an application under Section 383 of Indian Succession Act, 1925, hereinafter referred to as the "1925 Act" (Annexure P-4) and the petition for grant of succession certificate under Section 372 of the 1925 Act pending in the Court of Shri J.S. Kang, PCS, Additional Civil Judge (Sr. Division), Dasuya to Civil Court at Samrala.

(2.) THE petitioner, Ranjit Kaur, who claims herself to be the wife of late Shri Ajaib Dass, has sought the succession certificate vide petition (Annexure P- 5), whereas, the respondent has sought the grant of succession certificate vide Suit No. 9 of 6.4.2004 which has been allowed ex parte by the learned Additional Civil Judge (Sr. Divn.) Dasuya on 6.8.2004 (Annexure P-3). The petitioner has moved an application for revocation of succession Certificate vide application appended as Annexure P-4.

(3.) KEEPING in view the fact that proceedings are pending at Samrala including for the grant of succession certificate, it would be appropriate if the application under Section 383 of the Indian Succession Act, 1925 along with Civil Suit No. 9 of 6.4.2004 is transferred to the competent Court at Samrala to be decided along with the petition attached as Annexure P-5.