Mahant Heerapuri Chela Maya Puri vs General Public Etc
2024 Latest Caselaw 6494 P&H

Punjab-Haryana High Court

Mahant Heerapuri Chela Maya Puri vs General Public Etc on 21 March, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                 Neutral Citation No:=2024:PHHC:041350




                                           2024:PHHC:041350
125 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                           CR-6459-2019 (O&M)
                                           Date of decision: 21.03.2024

Mahant Heerapuri Chela Maya Puri
                                                 ....Petitioner

             Versus

General Public and anothe
                                                 ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-    Mr. Namit Gautam and
             Ms. Ishita Negi, Advocates for the petitioner

             Mr. S.S.Kamboj, Advocate for respondent no.2-Bank

ANIL KSHETARPAL, J (Oral)

1. Mahant Heerapuri Chela Maya Puri was unable to encash

the various Fixed Deposit Receipts (hereinafter referred to as 'FDR')

from the Canara Bank in the absence of succession certificate. Hence,

he filed an application under Section 372 of the Indian Succession Act,

1925 (hereinafter referred to as '1925 Act') for the grant of succession

certificate. Though the court allowed the petitioner's application with

respect to one FDR, however, with respect to the remaining two FDRs,

the succession certificate was not issued on the ground that same has not

been exhibited or marked. The petitioner filed a review application

against the non-issuance of succession certificate. It has been dismissed

on the ground that the judgment and decree passed by the court does not

suffer from any infirmity or illegality.

2. The correctness of the aforesaid order has been challenged

in this revision petition.

                                1 of 2

                                    Neutral Citation No:=2024:PHHC:041350




CR-6459-2019 (O&M)                         2             2024:PHHC:041350

3. The proceedings under Section 372 of the 1925 Act are the

summary proceedings. In this case, the petitioner impleaded the Bank as

well as the General public as defendants. The publication was made in

the newspaper inviting objection from the public. However, no objection

was received. The copies of various FDRs were produced on the file.

The Bank does not dispute the issuance of the various FDRs. In these

circumstances, there was only a procedural error, which should not result

in defeating the justice. If the court found that some FDRs are not

marked or exhibited, the court could have exhibited or marked the same

in the review application. Consequently, the impugned order is set

aside. The trial court is requested to issue succession certificate with

respect to the remaining two FDRs.

4. With these observations, the revision petition is disposed of.

5. All the pending miscellaneous applications, if any, are also

disposed of.

21.03.2024                                      (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




                                  2 of 2