Legal Advice

Can court decide the matter under section 372 succession act summarily or as a civil suit

Question: whether section 372 of the Indian succession act provides summary proceedings? Can court adjudicate the dispute in the proceedings of code of civil procedure? In this case the non applicant wants that the court should hear and decide the case as a civil suit.

Advise

Section 372 of the Indian Succession Act, 1925, does provide for summary proceedings. It allows for a simplified and quicker process for obtaining probate or letters of administration. However, whether the court can adjudicate the dispute under the proceedings of the Code of Civil Procedure (CPC) depends on the specific circumstances and the preference of the parties involved.

If the non-applicant wishes the court to hear and decide the case as a civil suit rather than through summary proceedings, they may express this preference in their petition or application before the court. The court will consider the nature of the case and the interests of the parties involved.

In some cases, the court may allow for a more detailed and formal adjudication under the provisions of the CPC, treating it as a regular civil suit. However, the court’s decision to follow summary proceedings or the CPC will depend on various factors, including the complexity of the matter and the need for a detailed examination of evidence.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Civil Law

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