LI Network
Published on: December 14, 2023 at 00:32 IST
The Allahabad High Court has clarified the appellate jurisdiction concerning orders passed under Section 388 of the Succession Act, 1925.
The court emphasized that appeals from orders of the Civil Judge should be directed to the District Judge, not the High Court.
The case in question involved a first appeal filed under Section 384(1) of the Succession Act against the rejection of a Succession Certificate application by the Civil Judge (Senior Division).
Justice Yogendra Kumar Srivastava asserted that, in this instance, the order being passed by the Civil Judge invested with District Judge powers brings the appeal within the purview of the District Judge’s jurisdiction.
Advocate Rajesh Yadav, representing the appellant, highlighted Section 384(1) to argue that, as the Civil Judge acted as a District Judge while deciding the application for a Succession Certificate, the appeal should be lodged with the High Court.
However, the High Court reasoned that the provisions of Section 388(2) clearly specify that appeals from inferior courts under Section 384(1) should be directed to the District Judge.
The court noted that the proviso to subsection (2) of Section 388 makes it explicit that appeals from orders of inferior courts under Section 384(1) shall lie with the District Judge and not the High Court.