Whether order passed in application for succession certificate can be challenged before district court or high court?

  In view of this position, the Civil Judge, Senior Division in these two Appeals have exercised the jurisdiction under Sub-section 1 of Section 388 of the said Act of 1925. In view of the proviso to Sub-section 2 of Section 388, the Appeals under Section 384 of the said Act of 1925 against the order of the learned Civil Judge, Senior Division will therefore lie to the District Judge and not to this Court. By virtue of the proviso to Sub-section 2 of Section 388 of the said Act of 1925 in case of all appealable orders passed on Application for succession certificate by the courts referred to Sub-section 1 of Section 388, the Appeal will lie to the District Judge irrespective of the value of the subject matter of the Application for grant of succession certificate. The reason being that the forum of Appeal is created by the proviso to Sub-section 2 of Section 388 of the said Act of 1925 and not by the provisions of said Act of 1869.{Para 9}

12. In my considered view, Appeals against the impugned judgments and orders will lie to the District Judge irrespective of value of subject matter of Application for succession certificate.

Bombay High Court

Shri Vitthal Ramchandra Mali vs Smt. Laxmi Ganpati Mali And Anr. on 6 June, 2006

Citations: AIR 2006 Bom 298, 2006 (4) BomCR 31

Author: A S Oka

Bench: A S Oka

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