- (1.) THIS is a revision under S. 115, C.P.C. by Smt. Ganga Dei and others to challenge the order, dated 18-9-62 of the District Judge of Banda passed in an appeal and thereby directing that one succession certificate shall be granted to Smt. Sia Dulari and Girish Chandra, applicants Nos. 6 and 7, in respect of 13/14 share of the cash left by Girdhari Lal, deceased, in the Kanpur Head Post Office and another succession certificate to Smt. Munia, opposite party, in respect of the remaining 1/14 share on payment of the necessary court-fee.
(2.) THE order is challenged on the ground that under the law only one succession certificate could be granted. It, however, appears to me that the applicants moved this revision to somehow deprive Smt. Munia of her rights which, it may be mentioned, have been upheld by the lower Courts though that decision can be challenged in a regular suit. Even though the applicants do not appear to have been acting with a good intention, the Courts shall have to dispose of the matter in accordance with the law even if parties are put to inconvenience and may have to indulge in other litigation. A perusal of the provisions of the Succession Act shall make it clear that with regard to one debt or specified debts one succession certificate, and not more, can be granted. The provisions generally speak of the grant of a succession certificate on an application made by an interested person or applications made by various interested persons. Sub-Section (4) of S. 373 of the Act makes this point clear beyond doubt. It lays down that : "When there are more applicants than one for a certificate, and it appears to the Judge that more than one of such applicants are interested in the estate of the deceased, the Judge may, in deciding to whom the certificate is to be granted, have regard to the extent of interest and the fitness in other respects of the applicants." In case persons interested in the estate of the deceased not jointly and no one has an interest hostile to the other, either all shall move an application for the grant of a succession certificate or only one shall make an application for the benefit of All. There shall be no contest and the certificate shall be granted without any controversy. A controversy to whom a certificate be granted shall arise only when there exists a conflict among persons interested in the estate of the deceased and in such a case an application shall be made by one person which would be opposed by others or the rival persons may move applications to be opposed by others. In judging the effect of Sub-S. (4) of S. 373 we must, therefore, consider a case where there exists a conflict among persons interested in the estate of the deceased.
(3.) WHERE all the sets of the applicants are interested in the estate of the deceased, the Judge has to determine to whom the certificate may be granted and in selecting out the applicant shall give due regard to the extent of their interest and the fitness in other respects of the applicants. If more than one succession certificate could be granted, the provision would have been different laying down that certificates shall be granted to the applicants to the extent of their interest in the estate of the deceased.;