IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CM No.2404-CII of 2010 and FAO No.3409 of 2009 Date of decision : 5.2.2010 Ramesh Kumar and another ..Appellants. Vs. Neeraj alias Neeru and others ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Sandeep Kotla, Advocate for the applicant-appellant. RAKESH KUMAR JAIN, J. This is an application filed under Section 151 CPC for remanding the case to the Court of District Judge, Kaithal in view of the decision rendered in the case of Jitender Kaur and others Versus Jaskirant Kaur and others FAO No.2524 of 2007 decided on 25.2.2009 reported in 2009 Vol.III RCR (Civil) 98 in which it has been held that if the case under Section 372 of Indian Succession Act, 1925 (for short `the Act') has been decided by Civil Judge (Sr.Divn.) exercising the powers of District Judge, the appeal would lie to the District Judge under Section 388 (1)(2) of the Act. In view of the above, present application is allowed and the appeal which has been admitted on 17.9.2009, is remanded back to the District Judge, Kaithal for the purpose of adjudication. (RAKESH KUMAR JAIN) 5.2.2010 JUDGE Meenu