PUSPA SHARMA Vs. DISTRICT & SESSIONS JUDGE, AJMER

JUDGEMENT

(1.) COUNSEL for the petitioners seeks to withdraw the second stay application. In view of above, the second stay application is dismissed as withdrawn.

(2.) WITH the consent of the counsel for the parties, the matter is being finally heard and decided.

(3.) THE judgment of the learned District Judge is founded upon enunciation of law by the Hon'ble Supreme Court in the case of Madhvi Amma Bhawani Amma & Ors. Vs. Kunjikutty Pillai Meenakshi Pillai & Ors. [ : AIR 2000 SC 2301] whereunder the Hon'ble Supreme Court has held that the provisions of Sections 10 & 11 CPC do not apply to proceedings for the grant of succession certificate. It is not in dispute that the proceedings before the learned District Judge, Ajmer were for the grant of succession certificate under Section 372 of the Indian Succession Act, 1925 (hereinafter 'the Act of 1925') at the instance of Raj Kumari whereunder an application under Section 10 CPC was filed by the petitioners herein Smt. Puspa Devi and her son Yogesh Sharma on the ground that they had on their part claimed succession to late Kedar Lal Sharma and initiated proceedings earlier under Section 372 of the Act of 1925 in the court of District Judge, Jaipur.