Law:

Section:

(a) Succession Act (XXXIX of 1925)------Ss. 37, 373 & 384---Succession Certificate, issuance of ---Procedure--­Only a summary procedure is provided for issuance of Succession Certificate under S.373 of Succession Act, 1925---If any person wants a detailed determination of rights, remedy lies in shape of suit filed under S.37, Succession Act, 192.5---Where a person is dissatisfied or aggrieved by issuance of a Succession Certificate, and appeal under S.384, Succession Act, 1925 lies. (b) Succession Act (XXXIX of 1925)--- ----S. 388(2), proviso---Appeal against order of Civil Judge---Jurisdiction of High Court---Scope---Where a Succession Certificate was issued by a Civil Court inferior to the Court of District Judge, then by virtue of proviso to S.388 (2), Succession Act, 1925, appeal was maintainable before the District Court and not before the High Court. Bisesar Sheudayal Soonar v. Jairam Bariyar Soonar AIR 1940 Nag. 162 'ref. (c) Succession Act (XXXIX of 1925)--- ----Ss. 373 & 383---Civil Procedure Code (V of 1908), Ss. 114 & 115--­Powers of review and revision, exercise of---Review petition lies to the Court which has passed the order whereas revision petition under S.115, C.P.C. lies to the next higher Court---No provision of revision petition before the District Judge has been provided under Succession Act, 1925. (d) Succession Act (XXXIX of 1925)--- ----Ss. 373 & 383---Civil Procedure Code (V of 1908), S.114---Succession Certificate, revocation of---Powers of Court to review its order--­Applicability of Civil Procedure Code, 1908---Scope---Special procedure having been provided for grant of Succession Certificate, Code of Civil Procedure was not applicable to the cases under Succession Act, 1925--­Succession Certificate issued by Court could only be revoked on any of the grounds provided under 5.383, Succession Act, 1925 and any such order was not liable to review. (e) Civil Procedure Code (V of 1908)----- ----Ss. 114, 115 & O.XLVII, R.1---Review---Revision---Maintainability--­Pre-conditions---Where review application was rejected, a revision was competent when order to be revised was without jurisdiction or the Court had failed to…

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