KAMAL KANT Vs. GENERAL PUBLIC

JUDGEMENT

(1.) What is under challenge in this petition filed under Art. 227 of the Constitution of India is the impugned order dated 21st May, 2004 passed by the learned District Judge, Hamirpur in proceedings under S. 372 of the Indian Succession Act, 1925. Brief facts giving rise to the filing of this petition may stated as under :-

(2.) Mr. Ashok Sharma, learned counsel appearing for the petitioners submits that the impugned order is bad in law because Smt. Kanta Devi, sole petitioner, who was mother of the deceased-Neeraj Kumar, had left behind her legal heirs and legal representatives who were to succeed to her estate and, therefore, it was incumbent upon the learned District Judge to have afforded an opportunity to the legal representatives of deceased-Kanta Devi (sole petitioner) to be brought on record in her place and to maintain and prosecute the petition filed by her under S. 372 of the Indian Succession Act, 1925 for the grant of a succession certificate. I find sufficient merit in this contention of Mr. Ashok Sharma.

(3.) The parties agree and it is undoubtedly true that the parties being Hindus, in the matter of succession were governed by the Hindu Succession Act, 1956. Section 8 of this Act reads thus :-