ROSHAN BAI Vs. DHARAM CHAND

JUDGEMENT

(1.) THIS civil miscellaneous first appeal under Section 384 of the Indian Succession Act is directed against the judgment of the District Judge, Udaipur dated 27 -2 -1971.

(2.) THE facts giving rise to this appeal are as follows : Mst. Dakh Bai died on 20 -1 -67 in Udaipur. After her death, two claimants, Mst. Roshan Bai and Dharam Chand, filed two separate applications for the grant of Succession Certificate under Section 372 of the Indian Succession Act. Mr Roshan Bai claimed herself to be the nearest heir on account of her being the disputer of tile deceased. Dharam Chand set up a will alleged to have been made by the deceased in his favour. He claimed succession certificate on the basis of the will on 2.11.62. The learned Dist Judge after examining evidence came to the conclusion that the will was proved. He accordingly dismissed the application filed by Mst. Rosban Bai and accepted the application filed by Dharam Chand and granted him the succession certificate. Both these orders were passed, by the District Judge vide judgment dated 27 -2 -71. Dissatisfied with the said judgment Mst. Roshan Bai has filed this appeal.

(3.) IN my opinion I should not deal with this intricate question at this stage. It is well settled that art inquiry for grant of succession certificate is a summary inquiry, and it is neither conclusive nor it operates as res judicata in a regular suit (see Section 387).