(1) Subject to the other provisions of this Part, an appeal shall lie to the High Court from an order of a District Judge granting, refusing or revoking a certificate under this Part, and the High Court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be granted and direct the District judge, on application being made therefore, to grant it accordingly, in super session of the certificate, if any, already granted.
(2) An appeal under sub-section (1) must be preferred within the time allowed for an appeal under the Code of Civil Procedure, 1908 (5 of1908).
(3) Subject to the provisions of sub-section (1) and to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908 (5 of 1908), as applied by section 141 of that Code, an order of a District Judge under this Part shall be final.
Legal Commentary & Landmark Judgments: Section 384
Section 384 provides a statutory right of appeal to the High Court from any order of the District Judge granting, refusing, or revoking a succession certificate.
The section contains two important statutory limitations:
(a) Finality of Other Orders: Sub-section (1) explicitly declares that no appeal shall lie from any interlocutory or procedural order of a District Judge other than an order granting, refusing, or revoking a certificate.
(b) Suspension of Grant: Under sub-section (2), the High Court may, on appeal, declare the person to whom the certificate ought to be granted, or reverse the grant. Under sub-section (3), the filing of an appeal does not automatically stay payments, but the High Court may grant a stay of realization upon taking adequate security under Section 375.
Section 384 channels all appeals directly to the High Court (or to the District Judge if the order was passed by a subordinate judge under Section 388). Counsel appealing an adverse order under Section 384 must immediately apply for an interim order restraining the bank from releasing funds to the grantee, or mandating that the money be deposited in court pending the appeal.