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Rupan Bibi Vs. Bhagelu Lal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported inAIR1914All420; (1914)ILR36All423; 25Ind.Cas.320
AppellantRupan Bibi
RespondentBhagelu Lal
Excerpt:
succession certificate act (vii of 1889), sections 16, 18 - suit to have succession certificate and decree based thereon set aside, whether maintainable--certificate how revocable. - .....to have it declared that a certain succession certificate granted to the defendant by the district judge on the 2nd of july, 1909, had been obtained by means of false evidence and should therefore be set aside, and also that a decree, dated the 23rd of march 1911, which had been passed on the basis of the said certificate might also be set aside. it appears that one ajudhia prasad died, and the defendant applied to the district judge for a succession certificate in order to enable him to collect debts due to the estate, among them being one due from the present plaintiff appellant. after inquiry the district judge granted the certificate. a suit was brought against the present plaintiff and was decreed. it is this decree which the present plaintiff seeks to set aside. in our.....
Judgment:

Tudball and Chamier, JJ.

1. This appeal arises out of a suit brought by the plaintiff appellant to have it declared that a certain succession certificate granted to the defendant by the District Judge on the 2nd of July, 1909, had been obtained by means of false evidence and should therefore be set aside, and also that a decree, dated the 23rd of March 1911, which had been passed on the basis of the said certificate might also be set aside. It appears that one Ajudhia Prasad died, and the defendant applied to the District Judge for a succession certificate in order to enable him to collect debts due to the estate, among them being one due from the present plaintiff appellant. After inquiry the District Judge granted the certificate. A suit was brought against the present Plaintiff and was decreed. It is this decree which the present plaintiff seeks to set aside. In our opinion no such suit will He. The certificate is conclusive as against the debtors under Section 16 of the Succession Certificate Act. It can he revoked by the district court under Section 18 of the same Act, and in our opinion no suit will lie to have the certificate and the decree set aside on the mere ground that the certificate was obtained by the use of false evidence. The appeal fails and is dismissed with costs.


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