F.A.O. No. 1168 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. F.A.O. No. 1168 of 2011 Date of Decision: April 27, 2011 Premwati and others …..Appellants. Vs. General Public and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Ms.Seema Pasricha, Advocate for the appellants. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order dated October 11, 2010, a petition under Section 372 of the Indian Succession Act, (for short ‘the Act’) filed by the respondents stands allowed by Civil Judge (Senior Division), exercising the powers of District Judge under Indian Succession Act. Counsel for the appellants has not been able to satisfy this Court as to how, in view of the provisions of Section 388 and Section 384 of the Act, the appeal is maintainable before the High Court. Section 384 of the Act reads as follows:- F.A.O. No. 1168 of 2011 [2] “384.Appeal.— (1) Subject to the other provisions of this Part, an appeal shall lie to the High Court from an order of a District Judge granting, refusing or revoking a certificate under this Part, and the High Court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be granted and direct the District Judge, on application being made therefor, to grant it accordingly, in supersession of the certificate, if any, already granted. (2) An appeal under sub-section (1) must be preferred within the time allowed for an appeal under the Code of Civil Procedure, 1908, as applied by section 141 of that Code, an order of a District Judge under this Part shall be final. (3) Subject to the provisions of sub-section (1) and to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure 1908, as applied by section 141 of that Code, an order of a District Judge under this Part shall be final.” Section 388 of the Act deals with Investiture of inferior Courts with jurisdiction of District Court for the purpose of Indian Succession Act empowers a State Government by notification to invest any Court inferior in grade of District Judge with power to exercise the functions of a District F.A.O. No. 1168 of 2011 [3] Judge. Section 388 (2) of the Act provides that an appeal from any order passed by inferior Court empowered with the powers of District Judge would be appealable before the District Judge and not to the High Court. Section 388 of the Act reads as follows:- “388. Investiture of inferior Courts with jurisdiction of District Court for purposes of this Act —(1) The State Government may by notification in the Official Gazette, invest any Court inferior in grade to a District Judge with power to exercise the functions of a District Judge under this Part. (2) Any inferior Court so invested shall, within the local limits of its jurisdiction, have concurrent jurisdiction with the District Judge in the exercise of all the powers conferred by this Part upon the District Judge, and the provisions of this Part relating to the District Judge shall apply to such an inferior Court as if it were a District Judge. Provided that an appeal from any such order of an inferior Court as is mentioned in sub-section (1) of section 384 shall lie to the District Judge, and not to the High Court, and that the District Judge may, if he thinks fit, by his order on the appeal, make any such declaration and direction as that sub-section authorises the High Court to make by its order on an appeal from an order of a District Judge. F.A.O. No. 1168 of 2011 [4] (3) An order of a District Judge on an appeal from an order of an inferior Court under the last foregoing sub-section shall, subject to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908, as applied by section 141 of that Code, be final. (4) The District Judge may withdraw any proceedings under this Part from an inferior Court, and may either himself dispose of them or transfer them to another such Court established within the local limits of the jurisdiction of the District Judge and having authority to dispose of the proceedings. (5) A notification under sub-section (1) may specify any inferior Court specially or any class of such Courts in any local area. (6) Any Civil Court which for any of the purposes of any enactment is subordinate to, or subject to the control of, a District Judge shall, for the purposes of this section, be deemed to be a Court inferior in grade to a District Judge.” It is not out of place to observe here that vide notification dated November 28, 1995, exercising powers under Section 30 of the Punjab Courts Act, 1918, the High Court has conferred upon all Civil Judge (Senior Division) and Addl. Civil Judges (Senior Division) in the States of Punjab and Haryana, the powers with regard to the proceeding under the Indian Succession Act, 1865 and the Probate and Administration Act, 1881. F.A.O. No. 1168 of 2011 [5] In view of above circumstances from combined operation of Sections 388 and 384 of the Act, an order passed by Civil Judge (Senior Division) exercising powers of District Judge under the Act is an appealable order. The appeal having been wrongly filed is permitted to be returned to the counsel for the appellants for presenting the same before the District Judge, Panipat. In case the appeal is filed within a period of one month the Appellate Court will condone the delay under Section 14 of the Limitation Act on an application being filed before the said Court. Disposed of. The appeal will be returned retaining a photocopy of the same on an application filed by the counsel for the appellants to the Registrar (Judicial). Copy of the judgment is sent to the Registry for future reference. April 27, 2011 (M.M.S.BEDI) sanjay JUDGE