Appeal to High Court in Succession matter not cognizable by High Court.

Lucknow Bench

Indian Succession Act , 1925 Sections 372 , 384 and 388 - Appeal against grant of succession certificate - Succession Act self contained Code - Section 388 of the Act is not governed by the general scheme of division of original and appellate jurisdiction under the C.P.C.  - Section 388 of the Act carves out an exception empowering the State Government to invest original jurisdiction of the District Judge to grant a succession certificate with a court of grade inferior to the District Judge - Once jurisdiction to take cognizance of and decide petition for grant of  a succession certificate is invested by the State Government in a grade inferior in grade to the District Judge - By virtue of proviso to sub - section ( 2 ) of Section 388 of the Act - It is the District Judge alone who is competent to entertain and  decide an appeal under Section 384 (1) of the Act - Appeal does not lie to the High Court - Forum of appeal not governed by the value of the subject matter of succession or valuation of the succession petition - In the instant case , appeal presented  before the High Court is not cognizable - Appeal being cognizable by the District Judge directed to be returned to the appellant for presentation before the Court of competent jurisdiction.