J.V.GUPTA,J - (1.) THIS petition is directed against the order of the Senior Sub Judge, Faridabad, dated February 3, 1988, whereby he refused to extend the time for payment of cost and thus to recall his earlier order dismissing the application for succession certificate under section 372 of the Indian Succession Act, 1925 and under section 35-B of the Civil Procedure Code for non-payment of costs vide order dated 24th August, 1987.
(2.) THE petitioners filed an application under section 372 of the Indian Succession Act for the grant of succession certificate with respect to a sum of Rs. 40,000/- which was payable to the deceased Nirmal Parkash Jerath on account of the Provident Fund, Gratuity, bonus etc. The said application was filed on 4th May, 1983. This was being opposed by the mother-in-law of the petitioners as well as her brother-in-law. Issue was framed and the petitioners were directed to lead evidence. However, on 24th August, 1987, the evidence of the petitioners was not present and the case was earlier adjourned on payment of Rs. 35/- as costs. Further adjournment was sought for production of evidence on payment of costs. This was not allowed by the learned Sub Judge and the petition was dismissed under section 35-B, CPC. Later on when an application was filed for recalling the said order and extending the time for payment of costs, the same was declined by the impugned order. According to the learned counsel, the costs were paid to the counsel for the respondent but he failed to be present at the time of hearing and therefore, the Court found that the costs were not paid.
(3.) MOREOVER , argued the learned counsel, the provisions of section 35-B, CPC, did not apply to the proceedings under the Indian Succession Act.;