Report No. 110
33.13. Recommendation to clarify the position as to succession certificate.-
Another matter on which the law could be suitably codified relates to the need for a succession certificate when the curator takes proceedings. It has been held1 that it is not necessary for the curator to obtain a succession certificate before instituting a suit to recover the debt. This position also should be made clear by an amendment of section 200. An Explanation could be added for the purpose.
3. (a) Babasab v. Narasappa, ILR 20 Born 437.
(b) Benode Behary v. Rai Sundari, 30 CWN 500.
33.14. Suggested amendment of section 200.-
In the light of what we have stated above, we recommend that the following Explanations should be added below section 200:-
"Explanation 1: It is not necessary that the curator must he specifically authorised by the District Judge to institute or defend the suit.
Explanation 2: It is not necessary for the curator to obtain a succession certificate before instituting a suit to recover the debt."