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TMI Blog1984 (12) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the succession certificate did not amount to a decree or an order, which could be executed under 0. 21 of the C.P.C. 4. The lower Court held that it amounted to an order, which was executable under O. 21 of the C.P.C. and rejected the contentions of the judgment-debtor. Hence, the revision. 5. The word 'decree' has been defined in S. 2(2) of the C.P.C. as - decree' means the formal expression of an adjudication which, so far as regards the Court expressing it conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntee of the certificate to recover interest or dividends. It does not amount to passing an order entitling the grantee to recover the amounts. Therefore, S. 374 makes it clear that the grant of succession certificate does not amount to a decree or order within the meaning of the Civil P.C. 8. 375(2) of the Succession Act reads - The Judge may, on application made by petition and on Cause shown to his satisfaction, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitled to sue thereon in his own name as if it had been originally given to him instead of to the Judge of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay the same in good faith. The expression good faith is defined in the General. Clauses Act. Even if payment is made without due care and caution still if it is honestly paid, it will be payment good faith. It affords full indemnity to the banks under the Presidency Banks Act. If any one refuses to pay the debts to the holder of the certificate, he will become liable to pay interest. It entitled the holder to institute a suit to recover the debt. In this case, the judgment-debtor rightly or wrongly has been refusing to pay the amount mentioned in the certificate to the grantee i.e., the decree-holder. Therefore, the only remedy available to the so, called decree-holder is to file it Suit for the recovery of the amounts mentioned in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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