ANANDI Vs. RAMJI LAL

JUDGEMENT

(1.) Instant appeal has been preferred against the order dtd. 9/8/2002 passed by the Court of Additional District Judge, Bandikui, District Dausa by which the application filed by the respondent No.1-Ramji Lal under Sec. 372 of the Indian Succession Act, 1925 (for short 'the Act of 1925') has been allowed and a Succession Certificate of an immovable agricultural land of the deceased-Ramasya has been issued in favour of the respondent No.1 and one Anandi, who is the widow of the deceased and Soni, Sukli and Bhoti, who are his daughters.

(2.) The said application was allowed ex-parte.

(3.) Counsel for the appellant submits that going beyond the jurisdiction contained under Sec. 372 of the Act of 1925, the application filed by the respondent No.1-Ramji Lal has been allowed. Counsel further submits that under Sec. 372 of the Act of 1925, the Succession Certificate can be issued in respect of debt or securities of the deceased. Counsel submits that Succession Certificate of any immovable property cannot be issued under this provision. Counsel submits that under these circumstances, the impugned order dtd. 9/8/2002 passed by the Additional District Judge, Bandikui, District Dausa be quashed and set aside.