MADHVI AMMA BHAWANI AMMA AND ORS. versus KUNJIKUTTY PILLAI MEENAKSHI PILLAI AND ORS.

Citation: [2000] 3 S.C.R. 752 · Decided: 27-04-2000 · Supreme Court of India · Bench: AJAY PRAKASH MISRA · Disposal: Appeal(s) allowed

Judgment (excerpt)

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MADHVI AMMABBAWANI AMMAAND ORS. 
v. 
KUNJIKUTTY PILLAI MEENAKSHI PILLAI AND ORS. 
APRIL 27, 2000 
[A.P. MISRA AND M.B. SHAH, JJ.] 
Code of Civil Procedure, 1908-S. 11 Explanation VIII. 
Principle of Res Judicata-Applicability of-Succession Certificate-
Grant of-Whether operates as res judicata to a suit for partition between the 
same parties ?-Held, No-mere grant of Succession Certificate cannot be 
considered to be final decision on an issue between the parties-Findings 
incidently recorded on an issue not raised would not operate as res judicata 
between the same parties in subsequent suit-Thus, High Court erred in apply-
ing the principle of res judicata-Indian Succession Act, 1925-Ss. 372, 373, 
381and387. 
Indian Succession Act, 1925-S. 387-Succession Certificate-Grant 
of-Held, would not fall within the purview of Explanation VIII to S. 11 of the 
Code-Code of Civil Procedure, 1908-S. 11 Explanation VIII. 
Worek & Phrases: 
"Good faith" -Meaning of in the context of S. 3 81 of the Indian Succes-
sion Act, 1925. 
Respondent No. I-plaintiff filed a suit for declaring him as the legal 
heir of deceased and for partition of plaint schedule properties. He also 
filed an application for grant of Succession Certificate for receiving money 
from the Insurance Company. Appellant-defendants contested the suit 
stating that the plaintiff was only their uterine brother and thus was not 
entitled to succeed as legal heir. Trial Court decreed the suit declaring the 
plaintiff as a sole heir and also allowed the application for grant of Succes-
sion Certificate. Appellate Court set aside both the orders of the Trial 
Court in suit and grant of Succession Certificate. However, High Court in 
second appeal set aside the order of Appellate Court and remanded the 
matter back to Appellate Court for reconsideration. On remand, the ap-
pellate court dismissed the appeal of the appellant by confirming the trial 
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MADHVI AMMA BHAWANI AMMA v. KUNJ!KUTIY PILLAI MEENAKSHI PILLAI 
753 
court judgment. Thereafter, appellants' appeal before the High Court was 
dismissed on the ground that the order granting Succession Certificate 
would operate as res judicata to the suit for partition between the parties. 
Hence the present appeal. 
On behalf of the appellants it was contended that proceeding for the 
grant of Succession Certificate was a summary proceeding and the same 
cannot operate as res judicata to a proceeding in a regular suit filed in the 
civil court even if it was between the same parties or issues are the same; 
the grant of Succession Certificate under Section 373 has only the effect 
that it was conclusive as against the person owing debts or liability on 
securities but it in no way puts any legal embargo on the parties to prove to 
the contrary in any subsequent suit or proceedings. 
On behalf of respondents it was contended that as both, the suit and 
the application for the grant of Succession Certificate were heard and 
decided by the same court, both at the trial stage and the first appellate 
stage and since appellant did not prefer any appeal against the order 
passed by the first appellate court in the connected proceeding arising out 
of the proceedings for the grant of Succession Certificate, the said decision 
becomes final and it would operate as res judicata to the pending proceed-
ings in the second appeal arising out of the suit; that even though the court 
deciding the question of grant of Succession Certificate, may have limited 
jurisdiction and also may not have jurisdiction to decide the regular suit 
for partition, yet issues decided therein would fall within the ambit of res 
judicata in view of Explanation VIII to S. 11 of the Code. 
Allowing the appeal, setting aside the Order of High Court and 
remanding the matter to the High Court, the Court 
HELD : 1.1. Any decision made in proceeding for the grant of 
Succession Certificate under S. 372 of the Indian Succession Act, 1925 
would not bar any party to the said proceeding to raise the same issue in a 
subsequent suit. Hence, the High Court fell into error in applying the 
principle of res judicata to the second appeal of the appellant. Even if no 
appeal is preferred by the appellant against the decision of the trial court 
arising out of proceedings for the grant of Succession Certificate, the 
principle of res judicata would still not apply. [762-G-H] 
1.2. S. 373(3) of the Act reveals that the adjudication is in summa

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