1985 (2) TMI 316 - HC - Indian Laws

Summary

Issues:
Jurisdiction of Delhi High Court to grant succession certificate under the Succession Act, 1925.

Analysis:
The judgment pertains to a petition filed for the grant of a succession certificate under Sections 370/372 of the Succession Act, 1925. The main issue before the court was the maintainability of the petition in the Delhi High Court. The court considered whether the Delhi High Court qualifies as the principal Civil Court of original jurisdiction to entertain such matters. The petitioner argued that the Delhi High Court falls under the definition of "District Judge" as per Section 2(bb) of the Act. However, the court disagreed, stating that the Delhi High Court is not the principal Civil Court of original jurisdiction for such matters.

The court referred to Section 24 of the Punjab Courts Act, 1918, applicable to Delhi, which designates the Court of the District Judge as the principal Civil court of original jurisdiction. Additionally, Section 5(2) of the Delhi High Court Act confers ordinary original civil jurisdiction on the Delhi High Court in suits exceeding a specified value. The court analyzed precedents, including the Bakshi Lochan Singh case, to determine that the Delhi High Court's jurisdiction is limited to suits above a certain value threshold and does not make it the principal Civil Court of original jurisdiction.

Further, the court discussed the impact of Section 300 of the Act, which grants concurrent jurisdiction to the High Court and the District Judge in matters related to probate and letters of administration. The judgment highlighted the limited scope of the Delhi High Court's jurisdiction in probate matters, emphasizing that the District Judge retains jurisdiction in certain cases.

The court also referenced decisions from the Bombay and Madras High Courts to provide comparative analysis. It was noted that the jurisdiction of the Delhi High Court mirrors that of the High Court of Punjab before the establishment of the Delhi High Court, with exceptions outlined in Section 5(2) of the Delhi High Court Act.

In conclusion, the court held that the Delhi High Court lacks jurisdiction to grant a succession certificate under Part X of the Succession Act, 1925. The petition was therefore returned to the petitioner to be presented in the appropriate court with the requisite jurisdiction.