Mr. Rakesh Kumar Srivastava, learned Standing counsel raised objection against the maintainability of writ petition on the ground that subject matter is covered under Indian Succession Act as Additional Chief Judicial Magistrate, Gonda had granted succession certificate in exercise of power provided under section 372 of the Act (hereinafter referred to as the Act), being aggrieved with which opposite party no.2 filed Misc. Civil Appeal bearing no. 32 of 2009 under Section 384 of the Act before Additional District Judge, Gonda, who passed the order impugned. In the light of the provisions of Section 388(3) of the Act he submits that the order impugned passed by the Additional District Judge, Gonda is revisable to this Court.
The provisions of the Act are not disputed. Therefore, the writ petition is dismissed with liberty to the petitioner to file revision.
Order Date :- 2.4.2010 GSY