WRIT PETITION No. 972(M/S) OF 2006 v. Cyril H. Joseph
Case at a glance
- Bench
- RAJESH TANDON
Outcome
Disposed of
Subject to the above, writ petition is disposed of
Provisions considered
- Indian Succession Act, 1925 s. 372
Judgment
Smt. Catharine w/o Philip Malhan R/o 222/165 Kali Das Road, Dehradun. …….Performa Respondents Sri Arvind Vashist, Counsel for the petitioner Sri Rajendra Dobhal, Counsel for the respondents. Hon’ble Rajesh Tandon, J.
31.07.2006 Heard Sri Arvind Vashist, Counsel for the petitioner and Sri Rajendra Dobhal, Counsel for the respondents. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the impugned order dated 25.05.2006 passed by A.D.J./F.T.C. VI, Dehradun in O.S. No.11 of 1999. Briefly stated, petitioner has filed an application for seeking succession certificate of the properties on 26.03.1997 and the case was registered as Misc. Case No.55 of 1997. Earlier vide order dated
Operative part
04.06.1999, the court directed that the said application for succession certificate may be registered as O.S. No.11 of 1999. Following order was passed :-
04.06.1999 Parties present. Heard 100 D. let total cost be paid by next date. 101D is also allowed so heard on 57E. This is contested case for probate, so it should be tried and registered as a Original Suit. So let the record be sent to the court of District Judge for registry it as a Original suit. Parties to appear there on 18.06.1999.
Petitioner has submitted that he has filed only application for succession. In case there is a dispute between the parties either granting or not granting, he could not be sent to the Civil Court for his grievances. Sri Rajendra Dobhal appearing on behalf of the respondents has submitted that het order has been passed in the year 1999 and it was not open to recall the order by way of review application. Considering the facts, the application under section 372 of the Indian Succession Act, 1925 is directed to be decided after framing the issue with regard to the maintainability of the application under section 372 of the Indian Succession Act. In view of the aforesaid fact, both the parties are agreed let the suit be decided by the Court concerned under section 372 of the Indian Succession Act, 1925 by framing the issue with regard to its maintainability while deciding the application under section 372 of the Indian Succession Act, 1925. Subject to the above, writ petition is disposed of.
31.07.2006 Jain (Rajesh Tandon, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Subject to the above, writ petition is disposed of
Which statutory provisions did this judgment involve?
Indian Succession Act, 1925 — s. 372.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.