https://www.taxtmi.com/caselaws?id=200532 A succession-certificate proceeding is a summary process limited to a prima facie assessment for collection of debts and protection of the debtor. The certificate's conclusive effect under Section 381 of the Indian Succession Act, 1925 operates only against the debtor for payments made in good faith, while Section 387 preserves the trial of the same question in a later suit or proceeding between the same parties. Section 11 CPC, including Explanation VIII, does not displace this statutory scheme. An incidental finding in the certificate proceeding does not finally determine inter se rights, so the grant of a succession certificate does not bar a subsequent partition suit as res judicata. en-us Thu, 27 Apr 2000 00:00:00 +0530 Tue, 03 Apr 2018 12:50:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200532 A succession-certificate proceeding is a summary process limited to a prima facie assessment for collection of debts and protection of the debtor. The certificate's conclusive effect under Section 381 of the Indian Succession Act, 1925 operates only against the debtor for payments made in good faith, while Section 387 preserves the trial of the same question in a later suit or proceeding between the same parties. Section 11 CPC, including Explanation VIII, does not displace this statutory scheme. An incidental finding in the certificate proceeding does not finally determine inter se rights, so the grant of a succession certificate does not bar a subsequent partition suit as res judicata. Case-Laws Indian Laws Thu, 27 Apr 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200532