It is trite law that succession certificate is only an authorisation to collect the debt due to the deceased. The amount would be due to the legal heirs even if the remedy has become barred by limitation. The Court below was therefore justified in holding that succession certificate is a continuing right. Reliance placed by the Court below in S.S. Rathore v. State of Madhya Pradesh [(1989) 4 SCC 582] cannot be faulted with.
2. Even the succession certificate is a surplusage in the light of the decree obtained by the legal heirs. But the decree of the Civil Court is challenged in appeal which is pending. Whether the debt has become barred by limitation or not is left open to be considered in the appeal suit pending.
3. I do not find any error of jurisdiction in the order impugned warranting interference.
The Civil Revision Petition is dismissed.
DCS V.CHITAMBARESH JUDGE