ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Civil Misc. Appeal No.S-08 of 2020

Date	Order with signature of Judge

1. For orders on office objections

2. For orders on CMA No.708/2020

3. For orders on CMA No.709/2020

4. For hearing of main case.

14.09.2020

Mr. Ali Raza Baloch, Advocate for the Appellant

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1. Deferred.

2. Urgency granted.

3. Exemption granted subject to all just exceptions.

4. The Appellant has impugned order dated 13.08.2020, whereby the Additional District Judge-II, Sukkur, declined to grant a succession certificate to the Appellant, the brother of the deceased, on the ground that one Mst. Rukhsana had objected to the grant claiming to be the widow of the deceased. Per the Appellant, Mst. Rukhsana had been divorced by the deceased during his lifetime. Since resolution of such question could not be made summarily in testamentary jurisdiction, the learned Additional District Judge directed the Appellant to approach the Civil Court while adjourning the succession application sine-die. Learned counsel for the Appellant submits that in view of section 295 of the Succession Act, 1925, the learned Additional District Judge ought to have converted the succession application to a suit and should have proceeded to try the suit himself.

It appears that the conversion envisaged section 295 of the Succession Act, 1925 applies where the petition is for probate or letters of administration. In the instant case, the petition was for a succession certificate under section 372 of Part X of the Succession Act. Section 373 of the said Act envisages that the right to a certificate is to be decided by District Judge or Additional District Judge in a summary manner, and were the making of such decision involves the determination of intricate questions of law or fact, it is the discretion of the Judge to refuse such determination and require the petitioner to approach a civil court. Section 373 of Part X of the Succession Act does not envisage conversion of the summary proceedings to a civil suit. Therefore, the appeal is without force and is dismissed.

JUDGE

Faisal Mumtaz/PS