1984 (12) TMI 331

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....o the decree-holder he sued out execution. 3. The judgment-debtor resisted that the succession certificate did not amount to a decree or an order, which could be executed under 0. 21 of the C.P.C. 4. The lower Court held that it amounted to an order, which was executable under O. 21 of the C.P.C. and rejected the contentions of the judgment-debtor. Hence, the revision. 5. The word 'decree' has been defined in S. 2(2) of the C.P.C. as - "decree' means the formal expression of an adjudication which, so far as regards the Court expressing it conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to i....

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....ecurities or any of them." Therefore, under S. 374, the grant of certificate only empowers the grantee of the certificate to recover interest or dividends. It does not amount to passing an order entitling the grantee to recover the amounts. Therefore, S. 374 makes it clear that the grant of succession certificate does not amount to a decree or order within the meaning of the Civil P.C. 8. 375(2) of the Succession Act reads - "The Judge may, on application made by petition and on Cause shown to his satisfaction, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitle....