Furnishing of surety

Word "Shall" in S.375 of Succession Act, 1925 is used with reference to class of cases, which fell under Ss.373(3) & 373(4) of Succession Act, 1925, wherein, court decides to proceed in summary manner to determine right as to grant of succession certificate

In such cases S.375(1) of Succession Act, 1925 makes it incumbent on court to order issuance of certificate subject to furnishing of surety in addition to execution of bond

Where case for grant of succession certificate does not fall under S.373(3) or S.373(4) of Succession Act, 1925, it is discretionary with court to require the person in whose favour certificate is issued to give surety as condition for grant thereof.

Plaintiff filed suit for partition wherein she moved an application for preliminary decree for possession and mesne profits which was dismissed however, Trial Court directed defendant to furnish surety amount

Defendant filed application for reduction of the same which was dismissed

Validity

Impugned order was passed with the consent of parties

Defendant was estopped to challenge the validity of said order on the principle of estoppel

Defendant while filing application for reduction of surety amount was satisfied with the nature of order but was aggrieved of the quantum of surety amount

Defendant could not be allowed to approbate and reprobate

No misexercise of jurisdiction nor any illegality, irregularity, perversity or infirmity was found in the impugned order

Revision was dismissed in circumstances.