AIR 2004 ORISSA 176 ::(2004) 2 CLR 108 (ORI) ::2004 (2) CLR 108 ::2004 (98) CutLT 328 ::(2004) 23 AllIndCas 663 (ORI) ::2004 (23) AllIndCas 663

Orissa High Court

Hon'ble Judge(s): P. K. Tripathy , J

(A) Civil P.C. (5 of 1908) , S.115— Succession Act (39 of 1925) , S.384— Revocation of succession certificate - Order in appeal against; under S. 384 - No second appeal being maintainable, revision lies and not barred. (Para 3 4) @page-Ori177 (B) Succession Act (39 of 1925) , S.384, S.388(2) Proviso— Orissa Civil Courts Act (18 of 1984) , S.16— Appeal - Pecuniary jurisdiction - Property involved valued at 1 lakh 50 thousand - District Judge's jurisdiction to entertain appeal - Not barred by invoking general provision under S. 16 of Orissa Act - Specific provision under S.388(2) proviso would apply. In between the Orissa Civil Courts Act, (1984) and the Succession Act (1925), the later Act acquires the status as special statute to supersede on any matter if there is a conflict of any legal provision. It is clear from S. 384 of the Succession Act that a succession certificate granted or revoked under Chap. X of the Succession Act is appealable to the High Court from an order of a District Judge. S. 388 in the proviso to sub-sec. (2) clearly provides that 'an appeal from any such order of an inferior Court as is mentioned in sub-sec. (1) of S. 384 shall lie to the District Judge and not to the High Court'. Thus, the pro....