Hon'ble Ms. Justice Bela M. Trivedi - (1.) THE present appeal has been filed by the appellant -objector under section 384 of Indian Succession Act against the order dated 3.5.2006 passed by the District Judge, Jaipur District, Jaipur in Civil Misc. (Succession Application) No. 34 of 2000, by which the learned District Judge has allowed the application and directed for issuance of succession certificate in favor of respondent No. 3 (original -applicant) under section 374 of the said Act.
(2.) IT has been sought to be submitted by Learned Counsel Mr. Rajneesh Gupta for the appellant that the appellant was not party to the proceedings in the lower court, however, had raised objection against granting of succession certificate in favour of respondent No. 3. He fairly submitted that though the application was objected by the appellant, he had not filed any objection before the trial court. Having regard to the submissions made by the Learned Counsel for the appellant and to the impugned order, it appears that the respondent No. 3 (original -applicant) had filed the application before the lower court under section 372 of Indian Succession Act for obtaining succession certificate in respect of the property of her brother Fakira who died on 29.11.1998. The lower court having issued public notice in the local daily, the present appellant Ram Sahay had filed his appearance through the advocate Shri Rajendra Sharma, however did not file any objections. His request to cross -examine the witnesses of the respondent -applicant was also not accepted by the lower court. The lower court after considering the evidence on record issued the succession certificate in favour of the respondent -applicant by the impugned order. The appellant having not filed any objection before the lower court, as such would not have any right to file the present appeal. In any case, the Learned Counsel Mr. Gupta has failed to point out any illegality in the impugned order passed by the lower court. Hence, the appeal being devoid of any merits deserves to be dismissed and is accordingly dismissed.;