Misrepresentation in succession certificate proceedings justified re-deposit of withdrawn funds and no writ interference.
A succession certificate obtained on prima facie misrepresentation and concealment of material facts can be corrected by directing re-deposit of the amount withdrawn on its strength. The HC found that the petitioner had represented herself as the deceased's sister in the succession proceedings and earlier revenue proceedings, and her later plea of being the deceased's wife's sister and an adoptee was not credible on the surrounding circumstances. The trial court was therefore justified in invoking inherent powers under Section 151 CPC, and the writ petition failed. The succession proceedings were left to be decided independently on merits under Section 383 of the Indian Succession Act, 1925.
Issues: Whether the order directing the petitioner to re-deposit the amount withdrawn on the strength of a succession certificate obtained under misrepresentation and concealment of material facts called for interference in writ jurisdiction.
Analysis: The petitioner had obtained a succession certificate under Section 372 of the Indian Succession Act, 1925. The material on record indicated that she had described herself as the sister of the deceased not only in the succession proceedings but also in earlier proceedings before the Revenue Authorities. The plea that she was in fact the sister of the deceased's wife and had been adopted in 1970 was found difficult to accept in view of the surrounding circumstances and the age stated in the writ petition. The Court held that the trial court was justified in exercising its inherent powers under Section 151 of the Code of Civil Procedure, 1908, to direct re-deposit of the amount withdrawn on the strength of the certificate.
Conclusion: The writ petition was not fit for interference and the impugned order was upheld.
Final Conclusion: The challenge to the direction for re-deposit failed, and the succession proceedings were left to be decided independently on merits under Section 383 of the Indian Succession Act, 1925.
Ratio Decidendi: A succession certificate obtained by prima facie misrepresentation and concealment of material facts can be subjected to corrective orders, including a direction to restore the amount withdrawn on its basis, in exercise of inherent procedural powers.
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