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Issues: Whether the Delhi High Court had jurisdiction to entertain a petition for grant of succession certificate under Part X of the Indian Succession Act, 1925, and whether its ordinary original civil jurisdiction under the Delhi High Court Act made it the principal civil court of original jurisdiction for that purpose.
Analysis: The petition sought a succession certificate, which under the Indian Succession Act lies before the District Judge, meaning the principal civil court of original jurisdiction. Section 5(2) of the Delhi High Court Act, 1966 confers ordinary original civil jurisdiction only in suits exceeding the specified valuation; that jurisdiction is limited to suits and does not extend to testamentary or succession matters. The statutory scheme of Section 24 of the Punjab Courts Act, 1918, read with Section 5 of the Delhi High Court Act, did not divest the District Judge of jurisdiction over succession certificate proceedings. The concurrent jurisdiction provision in Section 300 of the Indian Succession Act applies to probate and letters of administration, not to succession certificates. The cited authorities were distinguished on the ground that they concerned courts having express ordinary original civil jurisdiction or different statutory contexts.
Conclusion: The Delhi High Court had no jurisdiction to grant the succession certificate, and the petition was not maintainable before it.
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