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1 - 4 of 4 (0.27 seconds)Section 383 in The Indian Succession Act, 1925 [Entire Act]
Joginder Pal vs Indian Red Cross Society & Ors on 29 September, 2000
15. It has been held by the Hon'ble Supreme Court in Joginder Pal v. Indian Red Cross Society and Ors. , after referring to the provisions of
fart X of the Succession Act dealing with succession certificates as follows:
Madhvi Amma Bhawani Amma And Ors vs Kunjikutty Pillai Meenakshi Pillai And ... on 27 April, 2000
"This sub-section reveals two things: first, adjudication is in summary proceedings; and secondly, if the question of law and facts are intricate or difficult, it could still grant the said certificate based on his prima facie title. In other words, the grant of certificate under it is only a determination of prima facie title. This as a necessary corollary confirms that it is not a final decision between the parties. So, it cannot be construed that the mere grant of such certificate or a decision in such proceedings would constitute to be a decision on an issue finally decided between the parties. If that be so how could the principle of res judicata be made applicable to a case in a subsequent suit? The effect of such certificate is-also laid down in Section 387".
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