- (1.) In the wake of petition under Section 372 of the Indian Succession Act, the trial Judge granted the succession certificate to the petitioners, by virtue of impugned order dated 11.11.2010 (Annexure P1), the operative part of which is (para 8) as under:- "Keeping in view the facts & circumstances of the case and that as per the scheme of succession prescribed in the 'Indian Succession Act' the petitioners are the natural heirs of deceased Mr.Sohan Lal Pachisia and that nobody from the General Public has come forward to oppose the present petition and that evidence adduced by the petitioners is consistent & supports the petition, in the considered opinion of this court, the petition deserves to be allowed. Consequently, the petition is hereby allowed exparte and it is hereby ordered that the necessary succession certificate in respect of deposits/debts & securities detailed in para 2 of the petition left behind by late Sh.Sohan Lal Pachisia, be issued in favour of petitioners in equal shares on furnishing requisite indemnity bond with one surety in the like amount and requisite stamp duty. File be consigned to record room after due compliance."
(2.) Aggrieved by the conditions of furnishing the requisite indemnity bond with one surety in the like amount, the petitioners have preferred the instant revision petition, invoking the provisions of Article 227 of the Constitution of India.
(3.) Having heard the learned counsel for the petitioners, having gone through the record, the difficulties projected by the learned counsel and after deep consideration over the entire matter, the impugned order (Annexure P1) is modified to the extent that petitioners would furnish only their personal indemnity bond, without any independent surety. However, the other conditions of payment of stamp duty etc., before issuing the indicated succession certificate, are hereby maintained. The present revision petition is disposed of accordingly.;