The office took the objection that since the impugned order was passed by the Senior Civil Judge, how the CMA is maintainable before the High Court. = Senior Civil Judges also have been entertaining the succession O.Ps as District delegates.= the Government in concurrence with the High Court of Andhra Pradesh, by virtue of the powers conferred under Section 388(1) of Indian Succession Act, 1925, have issued notification conferring powers on all the Senior Civil Judges to entertain original petitions filed under Indian Succession Act, 1925 and to exercise the functions of District Judge under Part-X of the said Act within their respective jurisdictions.- 388. Investiture of inferior courts with jurisdiction of District Court for purposes of this Act: (1) The State Government may by notification in the Official Gazette, invest any Court inferior in grade to a District Judge with power to exercise the functions of a District Judge under this Part. (2) Any inferior Court so invested shall, within the local limits of its jurisdiction, have concurrent jurisdiction with the District Judge in the exercise of all the powers conferred by this Part upon the District Judge, and the provisions of this Part relating to the District Judge shall apply to such an inferior Court as if it were a District Judge: Provided that an appeal from any such order of an inferior Court as is mentioned in sub-section (1) of section 384 shall lie to the District Judge, and not to the High Court, and that the District Judge may, if he thinks fit, by his order on the appeal, make any such declaration and direction as that sub-section authorises the High Court to make by its order on an appeal from an order of a District Judge.; Section 384 of Indian Succession Act = against the order of a District Judge granting, refusing or revoking a certificate under Part-X of Indian Succession Act, an appeal shall lie to the High Court. However, Section 384 is subject to the other provisions of Part-X which means the said section is subject to Section 388 as per which, against the order passed by an inferior Court, an appeal shall lie before the District Judge and not before the High Court.- For the above reasons, the office objection is found valid and hence sustained. The office is directed to return the CMA to the appellant for filing before an appropriate Court.
The office took the objection that since the impugned order was passed by the Senior Civil Judge, how the CMA is maintainable before the High Court. = Senior Civil Judges also have been entertaining the succession O.Ps as District delegates.= the Government in concurrence with the High Court of Andhra Pradesh, by virtue of the powers conferred under Section 388(1) of Indian Succession Act, 1925, have issued notification conferring powers on all the Senior Civil Judges to entertain original petitions filed under Indian Succession Act, 1925 and to exercise the functions of District Judge under Part-X of the said Act within their respective jurisdictions.- 388. Investiture of inferior courts with jurisdiction of District Court for purposes of this Act: (1) The State Government may by notification in the Official Gazette, invest any Court inferior in grade to a District Judge with power to exercise the functions of a District Judge under this Part. (2) Any inferior Court so invested shall, within the local limits of its jurisdiction, have concurrent jurisdiction with the District Judge in the exercise of all the powers conferred by this Part upon the District Judge, and the provisions of this Part relating to the District Judge shall apply to such an inferior Court as if it were a District Judge: Provided that an appeal from any such order of an inferior Court as is mentioned in sub-section (1) of section 384 shall lie to the District Judge, and not to the High Court, and that the District Judge may, if he thinks fit, by his order on the appeal, make any such declaration and direction as that sub-section authorises the High Court to make by its order on an appeal from an order of a District Judge.; Section 384 of Indian Succession Act = against the order of a District Judge granting, refusing or revoking a certificate under Part-X of Indian Succession Act, an appeal shall lie to the High Court. However, Section 384 is subject to the other provisions of Part-X which means the said section is subject to Section 388 as per which, against the order passed by an inferior Court, an appeal shall lie before the District Judge and not before the High Court.- For the above reasons, the office objection is found valid and hence sustained. The office is directed to return the CMA to the appellant for filing before an appropriate Court.