Neutral Citation No. - 2025:AHC-LKO:4103 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 285 of 2025 Petitioner :- Anupama Burk And 2 Others Respondent :- Additional District Judge Court No 1 Gonda And 3 Others Counsel for Petitioner :- Karunakar Srivastava,Shiv Sinha Counsel for Respondent :- Alok Saxena Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioners and Shri Jitendra Narain Mishra, learned counsel for respondent no.2/Bank. 2. Present petition has been filed challenging the order dated 13.11.2024 whereby the application filed for grant of letters of administration under Section 278 of Indian Succession Act was rejected on the ground that as per the certificate issued by the Bank, locker in question was existing in the name of the husband of the applicant as well as in the name of Ms. Sadhna Bark, who is sister of the deceased husband. 3. Learned counsel for the petitioner argues that the counsel representing Ms. Sadhna Bark had appeared, however, Ms. Sadhna Bark did not appear. It is argued that Ms. Sadhna Bark had given a letter in writing to the Bank that she has no concern with the locker - the said application is on record. Even the husband of the petitioner during his lifetime had given an application that the rent be deducted from his account and ever since then the rent was deducted from the account of the husband of the petitioner. 4. The power is conferred upon the District Judge under Section 283 of the Indian Succession Act to examine the petitioner in person upon oath if he thinks proper; there is no such incumbent requirement to examine the respondents also upon oath. Once the lawyer had appeared on behalf of Ms. Sadhna Bark and had not raised any objection to the succession application, the requirement for exercise of power under Section 283 of the Indian Succession Act is, prima-facie, non existent. 5. In view thereof, impugned order dated 13.11.2024 is quashed. 6. Matter is remanded back to the District Judge concerned for passing orders on the succession application within a period of two months. 7. It is made clear that the District Judge shall not insist upon personal appearance of Ms. Sadhna Bark and unless any written objection is filed by Ms. Sadhna Barak, the letters of administration, as prayed, shall be granted. 8. Present petition stands allowed in above terms. Order Date :- 22.1.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench