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Noor Mohammad and anr. Vs. Mohamad Kareem and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported inAIR1938Mad502; (1938)1MLJ443
AppellantNoor Mohammad and anr.
RespondentMohamad Kareem and anr.
Excerpt:
- 1. the order of the learned district judge cannot be supported. it is not permissible for the court to refuse to make a full enquiry. under section 295 of the indian succession act, where there is contention the proceedings must take the form of a regular suit according to the civil procedure code. there was certainly contention in this case and the learned district judge could not proceed to decide the matter in a summary fashion, leaving his decision subject to modification in a suit to be filed afterwards.2. we allow this appeal and set aside the order of the learned district judge. the case must be restored to file and dealt with according to law after directing the appellants and the second respondent to file duly stamped caveats. costs of this appeal to abide and follow the result.
Judgment:

1. The order of the learned District Judge cannot be supported. It is not permissible for the Court to refuse to make a full enquiry. Under Section 295 of the Indian Succession Act, where there is contention the proceedings must take the form of a regular suit according to the Civil Procedure Code. There was certainly contention in this case and the learned District Judge could not proceed to decide the matter in a summary fashion, leaving his decision subject to modification in a suit to be filed afterwards.

2. We allow this appeal and set aside the order of the learned District Judge. The case must be restored to file and dealt with according to law after directing the appellants and the second respondent to file duly stamped caveats. Costs of this appeal to abide and follow the result.


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