SHEIK SAHAZAD AHMED Vs. SAJJAD HUSSAIN

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner.

(2.) THE petitioner's grievance is that in a petition for revocation of the succession certificate, an application was submitted by the petitioner -non -applicant in whose favour succession certificate was granted by the Court below under Order 7 Rule 11 CPC for rejection of the petition filed for revocation of the succession certificate. On that application instead of rejecting the applicant's petition for revocation of the succession certificate, the trial Court ordered that one of the applicant on whose behalf no power has been filed be transposed as non -applicant and further directed the petitioner -non -applicant to produce the original Will which is in possession of the petitioner -non -applicant.

(3.) UNDER Order 7 Rule 11 CPC order can be passed either for rejection of the application or for rejection of the plaint or the petition. But this order which has been passed by the Court below is not on application under Order 7 Rule 11 CPC though has been passed while deciding the application under Order 7 Rule 11 CPC. The order is required to be read as such and inference can be drawn whether the order was passed while exercising jurisdiction under any relevant provision of law or not. Since the order for transposition of the party and production of the document does not fall within the scope of Order 7 Rule 11 CPC then certainly, the order is not passed while exercising power under Order 7 Rule 11 CPC then order is passed while exercising Court's inherent powers.