1. Heard the learned Counsel of both the sides. On their request, the matter is taken up for final disposal.
2. This appeal arises out of an order rejecting the application/check petition filed by the appellant herein for withdrawal of the amount mainly on the ground that he has not filed succession Certificate as contemplated under Section 214 of the Indian Succession Act.
3. There is no dispute as to the fact that the claimant died during the pendency of the OP itself and his legal representative was brought on record. It is seen that aggrieved by the enhancement made by the Court below, the respondent herein preferred an appeal and the same is disposed of, wherein the present claimant is shown as legal representative of the deceased claimant throughout. Now, when execution petition is filed by the legal representative an objection is raised requisitioning the Succession Certificate. In view of the fact that legal representative of the deceased claimant was already brought on record, during the pendency of the O.P. itself, there is no necessity of producing
Succession Certificate. This Court in the identical circumstances in S. Sathish Traders v. Anisetti Anjaneyulu, , held that when the appellant or respondent died during the pendency of the proceedings and when legal representative was brought on record, the question of obtaining Succession Certificate does not arise. Following the same, I do not find any justification for the objection raised by the Court below.
4. In the circumstances, the appeal shall stand allowed. The Court below is directed to consider the check petition/ impugned application afresh and pass orders on merits. No costs.