KARNAIL SINGH ALIAS KAILA Vs. RAJVIR SINGH

JUDGEMENT

(1.) The present Revision Petition is directed against the impugned order dtd. 18/5/2004, passed by learned Civil Judge (Senior Division), Patiala, whereby, an application of the petitioners for revocation of the succession certificate dtd. 27/11/1991 issued in the name of the respondent-Rajvir Singh in proceedings initiated under Sec. 383 of the Indian Succession Act (for short 'the act’) has been dismissed.

(2.) Learned counsel appearing on behalf of the petitioners submitted that in the aforementioned application, the predecessor-in-interest namely Jaswant Kaur was not arrayed as party as she was sister of late Shri Gurdial Singh Son of Randhir Singh. Provisions of Sec. 383 of the Act enables the Court granting the succession certificate to revoke on the following grounds:-

(3.) The genesis of the succession certificate had not only been the affidavit submitted by Gurdial Singh (deceased) but also will dtd. 18/4/1990. Therefore, impugned order is not sustainable in the eyes of law.