SINGESHWAR PRASAD Vs. SURJA DEVI

JUDGEMENT

(1.) This is an appeal against an order of the District Judge of Saran, dated the 11th June, 1949, in Revocation Case No. 51 of 1949.

(2.) The facts relevant to this appeal are these. On the 18th September 1947, One Mt. Suraj Devi had filed an application for the grant of a succession certificate in respect of a certain Provident Fund money lying in deposit in the name of her deceased husband. The application was allowed on the 6th February 1943. Thereafter the appellants before us who are alleged to be the brothers of the deceased husband of Mt. Suraj Devi, filed an application on the 31st May 1949 for revocation of the succession certificate granted to Mt. Suraj Devi. This application was rejected by the learned District Judge on the 11th June 1949 and it is against this order that the present appeal has been presented.

(3.) Mr. Gopal Prasad who appears for the respondent has taken a preliminary objection that no appeal lies. He has referred to Section 384 of the Indian Succession Act which is the section which provides for appeals. Sub-section (1) of that Section is as follows :