6 r e^-^ IN THE HK*H GOlIR'r C W®ECATFRE AT BILASPUR C.G; CIVIL REVISION NO.ae^ 3^L 2-i^'e-i. APPLICANTS 'PELLANTS 1. Smt Mandeep Kaur Gandhi widow ofLate Shri Amaqeet Singh Gandhi Age about 35 Years Present wife of Shri Harjeet Singh 2. Ku. Rasjeet Kaur Aged 12 Years D/0 of Late Shri Amar Jeet Singh Gandhi Minor Through G.A. L. Mother Smt. Mandeep Kaur Gandhi Both Residents of Village Pandariya Tahsil Lormi, Distt. Bilaspur (C.G.) VER8US NONAPPLICANT5 1. ,S-State Bank oflndia Through Branch \€^ ^ ^ESPONDENTS ^ Manager Pamgarh Branch District Janjgir-Champa (C.G.) 7...il\ General Public ^ ^- Smt. Tej Kaur Aged about 56 Yeas W/0 Late Trilok Singh Gandhi (Lower Appellata.Gourt N.A.No.3)(HisDiejon. 16.10.2004) Resident of Dayal Band Beside Gurudwara District Bilaspur (C.G.) ^ w- ION 115 OF CPC XI-HC-78 flfW^fT Sh<4|ch 3^ '^WW^, ®Tfl<1'l6,(s|Cliy^< TT^.C::^f.:^^:\... 1 ^T 200J ail^l4dtb ('i^3^ir) an^rwR-fi'* (TSIT 311^1 sh1 ?T(IRKHf?(T3n^T +i^fd4)-f im?fffffet<;l <Riwi< ^sif^irsn^T 22.02.2007 Appticants by Shri Sharad |<ashyap, Advocate. Respondent No.l by 5hri P. Bilaspur in Misc. Civil Appeal No. 28.04.2004 passed in Succession Judge Ckxss-1, Bilaspur. Dutt-a, Advocate. Heard on admission. The appliconts are aggri^ved by an order dated 05.10.2004 passed by the 1 Additional Ju|:lge to the Court of Oistrict Jud9e, ^4 of 2004 affirming -the order dated th Case No.24 of 2002 by the 5th Civil I Both the Courts below h^ave held that the deceased hdving ordmarily resided in Palmgarh a^ the time of his death and atso the amount for which a succession certificate was being required was deposited in 5.8.1. Palmgarh whe^rein the deceased had mentioned his registered address in Patmgarh,) had no jurisdiction to entertain the 5T" Civit Judge Chss-I, Bilaspur the application under Section 372 of the Indian Succession Act. Havin9 heard the submiss|ion made by leamed counsel for the applicants and after perusing th4 record of Succession Case No.24 of 2002,1 am of -rtie considered op nion that •the order passed by the 5 Civit Judge Closs-I ond affirm^d in Misc. Civil Appeal by the 1 Additional -District Judge, Bilas^ur is well merited and calts for no interference. A "'^ XI-HC-78 'Svf "ill-lllciq, OTfltl'IS, (sKrtltfy ITW^TT a»^|cb WT 200 Si 1^1 4a<*> ('i'al^'^) sn^rwR-ticb (PIT37]^Tstlt] S?cITW<rf?(T3n^T Section 371 of Indiom Suc^ession Act, 1925 reads as under; "371. Court cerl'ificate.—The &i3tri<lt the deceosed ordinarily re^ided if at that time he had District Judge, within wh|ose property of the deceas^d cert-ificate under this Partl |iaving jurisdicKon to gront Judge within whose Jurisdiction at the time of his death, or, fixed place of residence, the jurisdiction any part of the may be found, may grant a A plain reading of 5ecti()n shows that the District Judge ordinarily resided at the time o1 fixed ptace of residence, the ony part of 1+ie property of the certificate under this Part. Leamed counsel for the dt time of making deposit in the S\ his registered address at Palmga^ Trilok Singh, the father paragraph-1 of his testimony th|at him in Palmgarh. Cert-ificate issu|ed been filed in the Succession Casel +i-iifci41-f KitidTfftet^t'<Ri«i< ^aif^tTsn^r 371 of the Indian Succession A<.t f^ithin whose junisdiction the deceased his death or if the deceased had no Di^trict Judge within whose jurisdiction deceased may be found, may grant a (ppliccuits did not dispute that at the ]B.I. Palmgarh the deceased had given f-h. ^f the deceased had clearly stated in the deceased used to reside with |ed by the Sarpanch, Palmgarh has also which reads as under; ~--—— XI-HC-78 3:5T^TWRTq', ®T(1y'IS,(alcll+iy *11+1MISh*11ct» HT 200 sn^rira^; (^fg^sr) an^Tqirf^f^ OTT3<I^IStlH b ^ gRrrwgfN'sn^r ? yw/^rf m SKIT ^\ WPS? 'tlWI'i /3ri?* /%FT 'i^ ^i? wm vnvie vii'tti-i 4 )R w^t <33f ^ wife ^ f^nf ougt|t Ctais It is +hus clear that the at the time of his death but ajccession certificate was sougt In this view of the matter, the below that 5th Civil Judge en+ertain the opplication under is well merited and cannot be This revision is without of admission. The appliccnts shall be a Section 372 of the Indian Janjgir. ollso t>i<iFci<fl-i tii*iflTfftec^'<Ri+<;i< ^arf^Ttrsn^T W V'fSff 3/WuBd ^^ W^ wlr wie 4 fslw w^ ^ 'S'WT i^w vni w. 'fK^i'f awuffrf ^B^ ^l w^y- fKW j?W WWri. t/WW (^eceased not only resided m Palmgarh the deposit in 5.B.I for which a was also mdde in Branch Palmgarh. finding recorded by both the Courts i-1, Bilaspur had no jurisdiction to $ection 372 of Indian Succession Act faulted witli. and is dismissed at the stage substonce tiberty to file an opplication under Succ^ssion Act before the District Judge, Sd/- Dilip Raosaheb Deshmukh Judge