BHANWAR BAI Vs. BALMUKUND

JUDGEMENT

(1.) This is an appeal by Mst. Bhamvar Bai, Laxmi Bai and Radha Bai objectors in a case for grant of a succession certificate under Section 372 of the Indian Succession Act (hereinafter referred to as the 'Act').

(2.) The material facts out of which this appeal arises may be very shortly stated as follows. The estate with respect to which the present dispute arose belonged to one Shrinath who died on 4-6-1952. The respondent Balmukand applied to obtain a succession certificate with reference to certain debts of the deceased on the ground that he was the son of the deceased Shrinath, This application was contested by the present appellants on the ground that Balmukand respondent was not the son of Shrinath at all and that the objectors who were the daughters of the deceased were his nearest heirs. The Civil Judge of Jhalawar, in whose court the application for succession certificate was filed, dismissed the objections and allowed the succession certificate to the respondent. The present appeal has been filed from the aforesaid order.

(3.) A preliminary objection has been raised by learned counsel for the respondent as to the maintainability of the appeal in this Court. The argument of learned counsel is that, in the present case, the succession certificate was granted by the Civil and Additional Sessions Judge of Jhalawar and not by the District Judge, and, therefore, an appeal from an order passed by such Judge who was subordinate to the District Judge lay to the District Judge and not to this Court.