Law:

Section:

(a) Succession Act (XXXIX of 1925)--- ----Ss. 384 & 388---Civil Procedure Code (V of 1908), 5.115---Revision before High Court---Competency---Petitioner's application before Trial Court was not only confined to revocation of succession certificate which had earlier been granted to respondent but was also for issuance of same in her name in place of the one issued in favour of respondent---Trial Court's impugned order was thus also an order refusing to grant succession certificate to petitioner---Such order was, therefore, appealable under S.384, Succession Act, 1925--­Revision against order passed by District Judge in appeal was thus competent. (b) Succession Act (XXXIX of 1925)--- ----S. 370---Civil Procedure Code (V of 1908), O.XVII, R.3 & S.115--­Application for grant of succession certificate---Dismissal of application for want of evidence---Case adjourned thrice for production of applicant's evidence---Order for adjournment of one of the dates indicated that some of the petitioner's witnesses were present but it seemed that their evidence was not recorded by Trial Court who did not deem it proper to record evidence in piecemeal---Adjournment orders of Court did not show that case was adjourned at the request of petitioner or her counsel---Provisions of OXVII, R.3, Civil Procedure Code, 1908, were, therefore, not attracted to the case--­Valuable rights of parties having been involved in the case, Trial Court should have shown a bit more indulgence to petitioner by granting another adjournment subject to payment of costs so that case in question, could be decided on merit---Closure of petitioner's evidence was thus, not justified--­Courts below had committed an illegality which called for interference by High Court in exercise of revisional jurisdiction---Case was remanded for grant of one last opportunity to petitioner for production of her evidence subject to payment of specified amount as costs. JUDGMENT The relevant facts which gave rise to the present revision petition are that on 31-3-1987 Mst. Hussain Akhtar respondent moved an application in the Civil Court, Toba Tek Singh for the issuance of a succession certificate in respect of the effects…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492