Joseph Easwaran Wapshare & Ors. vs. Shirley Katheleen Wheeler – (SC)

Indian Succession Act, 1925–Secs. 372, 383 & 33(a)–Application for revocation of succession certificate–Dismissal by sub Court with the view that the proceeding was barred by res judicata–High Court set aside the order and remanded back the matter–Justification–Appellant is only living lineal descendant–Respondent is neither a family member nor a lineal descendant–High Court did not go into these aspects–Though High Court was correct in setting aside the findings as regard to res judicata, however, it was to go into above two aspects–Held, order passed by sub-judge deserves to be restored.