AIR 2003 ORISSA 11 ::(2003) 1 HinduLR 1 ::(2003) 1 CivLJ 287 ::(2002) 2 CivilCourtC 460 ::2002 (4) RecCivR 292 ::(2002) 3 CurCC 282 ::2002 (93) CutLT 659 ::2002 (2) OrissaLR 62

Orissa High Court

Hon'ble Judge(s): A. S. Naidu , J

(A) Succession Act (39 of 1925) , S.372— Grant of succession certificate - Proceedings, are summary in nature - Therefore, findings arrived at in said proceedings, does not operate as res judicata in subsequent litigation. Civil P.C. (5 of 1908) , S.11— Sections 372 to 384 of Succession Act deals with issuance of Succession Certificates and require that the question arising under these sections should be determined by summary proceeding. By summary proceeding, it is meant that Court should decide the question by a short inquiry leading upto and resulting in a rapid decision. The nature of this inquiry must depend on circumstances of each case. Thus, where the Court feels that the question involved is not capable of decision in summary proceeding under the Indian Succession Act, it can leave the parties to establish their rights in a regular suit. Section 387 of the Act also enables the unsuccessful party to file a suit. The proceeding for grant of succession certificate being summary in nature, the finding arrived at in the said proceeding cannot operate as res judicata in subsequent litigation.(Para 6) @page-Ori12 (B) Succession Act (39 of 1925) , S.372— Grant of succession certificate - Application filed by widow of deceased and her two daughters - Ap....