VIJAY LAXMI Vs. K SIMACHALAN

JUDGEMENT

(1.) The appellants before us claiming to be the wife and children of one K. Shankar Rao, filed an application under Section 372 of the Indian Succession Act for the issue of a succession cetificate. A citation was issued to the mother of K. Shankar Rao. She entered appearance and questioned the status of the applicants as the legally wedded wife and children of K. Shankar Rao who died on 25-8-1996. Though some evidence was adduced on behalf of the applicants and on behalf of the mother, the Court, dealing with the application felt that it was not in a position to finally decide the status of the applicants on which depended the right to the succession Against judgment passed by Guusharan Sharma, J. reported in AIR 2001 Jhar 23. certificate and therefore found that he was not in a position to grant the succession certificate to the applicants. The application was thus, dismissed. The applicants filed an appeal before this Court. The learned single Judge, on a consideration of the relevant aspects, felt that it was not proper to decide the question of the status of the applicants in a summary proceeding like the present and that it would be more appropriate if the parties are relegated to a civil suit for getting an adjudication of the claim of the extent of the rights of the mother of Shankar Rao. Thus, the Judge declined to interfere. This appeal is filed by the applicants challenging that decision.

(2.) The learned counsel for the appellants contended that under Section 373(3) of the Indian Succession Act, it was not necessary for the Court dealing with an application to come to a final decision and the Court could have, on a prima facie basis, found the issue and ordered issue of the succession certificate to the applicants.

(3.) May be the court had such a power. But, on the materials available, the court in its discretion can decline to do so once it thought that the question was to be settled elsewhere and the grave question of the status of the applicants before him could not and should not summarily be decided. It cannot be said that in every case, a Court is bound to issue a succession certificate acting under Section 373 (3) of the Act even though the material before it was not adequate to decide the prima facie the status claimed by one of the parties. In our view, the learned single Judge was justified in thinking that it would be proper to leave the parties to seek an adjudication in a civil court since it related to the status of the applicants, the appellants before us as the legal heirs of K. Shankar Rao. As noticed by the learned single Judge, even if a summary finding is rendered by the Court dealing with an application under Section 372 of the Indian Succession Act. The same would not attain finality and the parties will still have to approach the Civil Court for a final adjudication of their claimed rights to the estate of K. Shankar Rao.