Decided on March 04,2020

General Public And Others Respondents


Sureshwar Thakur, J. - (1.)One Smt. Chander Shila, widow of Ganga Singh resident of Upper Street near Laxmi Narain Mandir, Nahan, District Sirmaur, H.P., expired on 24.02.2013. Upon, her demise, a petition constituted under Section 372 of the Indian Succession Act, 1925, became instituted, before, the learned Civil Judge (Sr. Division), Sirmaur District at Nahan, H.P. The learned trial Judge, through, an order, made, on, 25.11.2016, recorded, a, direction, for, issuance, of, succession certificate, to, the petitioner, and, vis-a-vis, all the respondents, in equal shares. However, the legal heirs, of, one Tejasvi Singh, the pre-deceased son of Chander Shila, were excluded from inheriting, the, movable, and, immovable property, of, the afore deceased Chander Shila. Consequently, the aggrieved, cast an application under Section 152 of the Cr.P.C., for, correcting the afore exclusion, of, the legal heirs, of, the afore pre-deceased son, of, Chander Shila, from, theirs, succeeding, vis-a-vis, the movable, and, immovable assets, of, the afore deceased. The afore application, was, dismissed by the learned trial Judge, and, the applicant is aggrieved therefrom, hence, has constituted there against the extant first appeal, before, this Court.
(2.)Even though, the afore application, seeking correction, and, amendment in the order recorded, on, 25.11.2016, upon, Petition No. 9/5 of 2013, was, a, completely inappropriately recoursed mechanism, for, seeking correction, of, the operative part, of, the orders pronounced thereon, as, it displays neither any clerical or typographical mistake, hence made, through sheer inadvertence. However, dehors the above, and, also dehors the succession petition, bearing No. 9/5 of 2013, remaining uncontested, by the respondents concerned, a, palpable error which has emerged, in, the order rendered, on 25.11.2016, order whereof becomes impugned, before this Court, is, encapsulated in (a) the learned trial Court without either the legal certificate of Chander Shila, (b) and without any Sajra Nasab being placed on record, for, therethrough, it, making, a, determination, vis-a-vis, the parties arrayed, in the extant lis, and, claiming succession, to, the estate of deceased Chander Shila, on anvil, of, theirs being her Class-I heirs, and, whereon(s), it become enjoined to hence apply, the, relevant provisions, of, the Hindu Succession Act, it contrarily rather proceeding, to, make the impugned directions. However, without the afore imperative documents being appended with the succession petition, nor any applications being made thereon(s), of, the relevant thereto provisions, of, the Hindu Succession Act, the, learned trial Court, rather in a cursory, and, mechanical manner, and, without any application, of, mind, to, the apposite provisions, of, the Succession Act, has, untenably proceeded to record the impugned order. Consequently, the impugned order, is, interfered with, and, in sequel it is set aside, and, the succession petition, bearing Petition No. 9/5 of 2013, is remanded, in the light, of, the afore observations, to the learned trial Court, with a further direction, vis-a-vis, it, to decide it afresh within eight weeks, from, the date, of, receipt, of, the extant orders. The parties are directed to appear, before the learned trial Court, on, 30.03.2020. All pending applications also stand disposed of. All the relevant records be sent back forthwith.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.