Appeal
Section 384 of the Indian Succession Act, 1925 deals with appeal. Subject to the other provisions of this Part, an appeal shall lie to the High Court from an order of a District Judge granting, refusing or revoking a certificate under this Part, and the High Court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should The Act came into force on 30 Sep 1925.
(1) Subject to the other provisions of this Part, an appeal shall lie to the High Court from an order of a District Judge granting, refusing or revoking a certificate under this Part, and the High Court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be granted and direct the District judge, on application being made therefore, to grant it accordingly, in super session of the certificate, if any, already granted.
(2) An appeal under sub-section (1) must be preferred within the time allowed for an appeal under the Code of Civil Procedure, 1908 (5 of1908).
(3) Subject to the provisions of sub-section (1) and to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908 (5 of 1908), as applied by section 141 of that Code, an order of a District Judge under this Part shall be final.
Section 384, The Indian Succession Act, 1925 (Act 39 of 1925).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Gaudiya Mission vs Shobha Bose
Court's Decision & Legal Precedent
A statutory appeal under Section 384 of the Indian Succession Act, 1925 is a regular appeal allowing consideration of all questions of fact and law. The Division Bench of the High Court cannot dismiss such an appeal in limine without admitting it and deciding it on merits with a reasoned judgment. The scope of appeal before a Division Bench hearing an intra-court appeal from a Single Judge is the same as the scope before a Single Judge in First Appeal, encompassing both questions of fact and law, and the limitations of Sections 100 and 101 of the Code of Civil Procedure do not apply to such appeals.
On this section: Defines the scope of appeal from orders of District Judge granting, refusing or revoking certificates. Court held this is a regular statutory appeal allowing consideration of all questions of fact and law, not limited to questions of law only.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… JUSTICE MEENAKSHI MADAN RAI, JUDGE ------------------------------------------------------------------------------------------------------------- RFA No.06 of 2018 Appellant : Eric Pazo versus Respondents : Jorgay Namka and Others Appeal under Section 384 of the Indian Succession Act, 1925 --------------------------------------------------------------------------------------- Appearance Mr. A. K. Upadhyaya, Senior Advocate (Legal Aid Counsel) with Ms. Gita Bista, Advocate (Legal Aid Counsel) and Ms. Rachhitta Rai, Advocate for the Appellant. Mr. …
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… THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, VISHWAJITH SHETTY J. , DELIVERED THE FOLLOWING: J U D G M E N T 1. This miscellaneous first appeal is filed under Section 384 of the Indian Succession Act, 1925 (for short, 'the Act') challenging the order dated 05.08.2021 passed by the XLIV Addl. City Civil & Sessions Judge, Bengaluru, in P & SC No.150/2021. 2. Brief facts of the case relevant for the purpose of disposal of this appeal are, the appellants herein had filed a petition …
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… Gangtok. East Sikkim. versus Respondents : 1. General Public 2. Smt. Pempa Choden Bhutia, W/o Shri Chochung Bhutia, Resident of Pangthang, P.O. Penlong & P.S. Gangtok, East Sikkim. Appeal under Section 384 of the Indian Succession Act, 1925. Appearance: Mr. Bhusan Nepal and Mr. Loknath Khanal, Advocates for the Appellants. ------------------------------------------------------------------------------------------------------------------- None for Respondent No.1. Mr. Rinzing Dorjee Tamang, …
Questions about Section 384
What have the courts held on Section 384 of the Indian Succession Act?
Gaudiya Mission vs Shobha Bose (15 Jan 2008) is the leading judgment on this section among those set out below: Defines the scope of appeal from orders of District Judge granting, refusing or revoking certificates. Court held this is a regular statutory appeal allowing consideration of all questions of fact and law, not limited to questions of law only.
How do I find court cases under Section 384 of the Indian Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 384, section 384 Succession Act, section 384 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 384. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Gaudiya Mission vs Shobha Bose (15 Jan 2008).
What should I read with Section 384 of the Indian Succession Act, and has it changed?
3 other provisions in this corpus refer back to it.
When did Section 384 of the Indian Succession Act come into force?
Section 384 of the Indian Succession Act, cited as Succession Act 384, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.
Other sections of this Act
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.