JATINDER KAUR Vs. JASKIRAT KAUR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 9.5.2007 passed by Additional Civil Judge (Senior Division), Ferozepur (Exercising the powers of learned District Judge, Ferozepur) whereby an application under the Indian Succession Act, 1925 (for short 'the Act') has been allowed and succession certificate has been issued to the applicant Jaskirat Kaur (respondent No. 1).

(2.) AT the very outset, learned counsel for respondent No. 1 has contended that the present appeal filed by the appellants (respondents No. 2 and 3 before the Court below) under Section 384(1) of the Act is not maintainable. It is contended that according to Section 384(1) of the Act, an appeal shall lie to the High Court from an order of the District Judge granting, refusing or revoking a certificate and the High Court may, if it thinks fit, by its order on the appeal declare the person to whom the certificate should be granted and direct the learned District Judge on application being made, therefore, to grant it accordingly, in supersession of the certificate, if any, already granted. He further contended that application under Section 372 of the Act has been filed before the Additional Civil Judge (Sr.Divn.) Ferozepur exercising the powers of learned District Judge as a delegate of the District Judge in view of the provisions of Section 388 (1) of the Act. He further submits that if the application under Section 372 of the Act has been filed under Section 388(1) of the Act then according to its Proviso, the appeal shall lie under Section 388(2) of the Act to District Judge and not to the High Court. The relevant provisions of Sections 384 and 388 are reproduced as under :

(3.) I have given my thoughtful consideration to the contentions raised by learned counsel for respondent No. 1 and perused the record.