Muralidhar Roy Chowdhury and Others vs Mohini Mohan Kor and Another

Woodroffe, J.—In this case the only question that arises is, whether or not a succession certificate was necessary and whether the appellants who failed to produce such certificate in the Court of first instance should have been permitted to do so by the lower Appellate Court before whom the certificate was produced.

I think that the Court should have admitted the certificate, making such order as to costs as was proper by reason of the non-production of the certificate in the Court of first instance.

We, however, now, set aside the decree of the District Judge and remit the appeal to him for a re-hearing. The succession certificate is filed here and will go back with the other records to him.

As the appellants are responsible for not producing the certificate, we will make no order as to costs in the present appeal and do not disturb the order as to costs made by the lower Appellate Court.

Coxe, J.

I agree.