JUDGMENT D. RAJU, C.J.—The above two appeals have to be dealt with in common since not only they arise out of a common order passed by the learned District Judge, Mandi, Kullu and Lahaul & Spiti Districts on 7.2.1994 in Succession case No. 1 of 1991, but the learned Counsel appearing also have made common submissions subject to certain variations pertaining to the additional issues involved in FAO No. 144/94. The skeletal factual details necessary for appreciating the claims of the contesting parties are as follows: 2. One late Shri Gulab Chand, son of Shri Dassu Ram said to be the sole proprietor of a concern carrying on business under the name and style of M/s. Dassu Ram Brij Lai Mahajan? in his individual capacity was said to have died on 15.7.1990 leaving behind his admittedly first wife Smt. Vidya Devi. He was also stated to have executed a registered Will dated 6.10.1989, He also was claimed to have contracted a second marriage with Pawna Devi and since he had no issues inspite of the first wife as also the alleged second wife, it is claimed that he adopted Niraj Kumar, who was aged about 6 months at the time of such adoption. In the Will said to have been executed by the deceased, as noticed earlier, he purported to have bequeathed his entire corpus of movable property in favour of the adopted son. Setting up and asserting a claim of adoption as also the Will, as noticed above, the minor claiming himself to be the adopted son represented by his next friend/natural guardian Smt. Pawna Devi, the alleged second wife, an application was filed under Section 372 of the indian Succession Act, 1925 for grant of succession certificate in respect of the debts and securities of the deceased Gulab Chand. About four items of debts in all amounting to Rs. 44,213/- was stated to be the liability and three items of amounts due to the deceased were also specified in respect of which the succession certificate was sought for. Those are: a sum of Rs. 33137.05 with interest which accrued thereon said to be lying to the current account in the State Bank of India, Mandi in the name of the deceased; Rs. Those are: a sum of Rs. 33137.05 with interest which accrued thereon said to be lying to the current account in the State Bank of India, Mandi in the name of the deceased; Rs. 9,335/ - inclusive of subsequent interest, said to be lying in the Saving Bank Account in the name of the deceased in the Punjab National Bank at Mandi and Rs. 1 58,285.35 said to be the amount due to the deceased from the Chief Medical Officer Mandi. 3. The claim was contested by the 1st respondent in the said application, who as stated above, is indisputably the first wife of the deceased Gulab Chand. There were other objectors also, who were the brothers and other collaterals-of the deceased. So for as his wife Is concerned, she not only disputed the status of Pawna Devi as the lawfully wedded wife of the deceased, but contended that she was only a concubine and that the petitioner Niraj Kumar was not the adopted son of the deceased Gulab Chand and it is only the making and manipulation of Pawna Devi to grab the properties by setting up an adoption and the Will and that not only the so-called adopted is a myth and unsustainable in Saw and has no basis whatsoever but the Will also is manipulated one surrounded by so many suspicious circumstances not only in its execution but aiso in the manner of disposal, purported to be effected in the Will and therefore, the same has to be rejected as an illegal one and cannot be acted upon. She also appears to have projected a claim that it is a joint family property. The 1st respondent claimed that she is the sole heir of Gulab Chand and is entitled to inherit in entirety, the movable and immovable property left behind by him. 4. The other objectors in their objection petition also contended that Vidya Devi is the only legally-wedded wife of the deceased and Pawna Devi is only his concubine and that the business was a joint Hindu family business and the objectors being heirs of late Shri Brij Lai were members of the business, and they are entitled to their respective shares and the alleged adoption of the petitioner or making of any Will in favour of the petitioner is not true and, therefore, they denied the same. The objectors have claimed that the succession certificate may be issued in their favour. 5. On the above claims and counter-claims, the petition for succession certificate came to be inquired into and after considering the oral and documentary evidence on record, the learned District Judge by his order dated 7.2.1994 came to the conclusion, overruling the objections of the other objectors and his first wife that the properties held as also the business concerned of the deceased was his own individual business and did not constitute joint family business. As for the claim of adoption projected by the petitioner in the Court below, the same was disbelieved and it was also held to have been not proved to have been effected in accordance with law. Notwithstanding, the learned District Judge thought fit to accept the Will projected in support of the claim in addition to the theory of adoption and on the view that the valid execution of the Will, marked as Ex. P-3, by the deceased Gulab Chand was prima facie established. The learned District Judge directed the issue of succession certificate subject to the following conditions: "(i) That a sum of Rs. 32,353.59 along with interest, if any, a sum of Rs. 2,413 and interest if any, a sum of Rs. 7046.41 and interest if any, a sum of Rs. 1,200/- and interest thereon, if any and a sum of Rs. 1,200/- with interest thereon if any, shall be paid out of the aforesaid amounts, respectively, to M/s. Punjab Trading Co. Grain Market Damtal, M/s. Amar Nath Ashok Kumar Grain Market Damtal M/s. Abinash Chander Kailash Chander Grain Market Damtal on account of sending fire wood to Leprosy Hospital Mandi and to the Carpenter; (ii) That the amounts in respect of which this certificate is being issued shall not be withdrawn by the next friend for any purpose whatsoever unless the security to make good the loss which may be occasioned either to the minor or to any other rightful claimant by such drawal is furnished to the satisfaction of this Court: (iii) The first charge on the securities in respect of which succession certificate has been ordered to be issued shall be the debts of the deceased Gulab Chand. The next friend of the minor will draw the amounts out of (sic) said securities for being paid to the concerned parties to whom the debt is payable with the prior permission of this Court and shall within one month of the grant of permission by this Court produce the receipts regarding repayment of the debts to the concerned parties for examination by the Court; (iv) The next friend shall deposit the remaining amount in the F.D.Rs. in the name of the minor petitioner initially for a period of 5 years subject to the condition that premature withdrawal of the F.D.Rs. shall not be permissible nor any loan shall be raised their against save and except with the prior permission of this Court: (v) In the event of any substantial amount required by the next friend for maintenance and education of the petitioner she will make an application to this Court specifying the amount therein and the requirement and such an amount may be withdrawn by her after getting the permission of this Court; and (vi) The F.D.Rs. regarding investment of the amount in the name of the minor shall be produced for examination of the Court within one week from the date of the withdrawal/receipt of the amount from the concerned quarter." 6. Aggrieved, the first wife has filed FAO No. 80/94 objecting to the issue of the succession certificate, invoking the provisions under Section 299 of the Indian Succession Act. The other objectors also filed FAO No. 144/94. In the appeal filed as FAO No. 80/94, the petitioner minor represented by the next friend Pawna Devi filed a memorandum of cross-objection, objecting to the finding by the learned trial Judge rejecting the claim based on adoption. 7. Mr K.D. Sood, learned Counsel appeared for the appellant in both the appeals whereas Ms. Devyani Sharma appeared for the minor petitioner represented by the next friend, who sought for and obtained the succession certificate in the Court below, and Mr. T.S. Chauhan, Seamed Counsel for Respondent Nos. 1 and 3 in FAO No. 144/94 was also heard. The manner of disposal this matter deserves in our hands depends to a considerable extent on certain subsequent developments which have taken place during the pendency of the appeals. T.S. Chauhan, Seamed Counsel for Respondent Nos. 1 and 3 in FAO No. 144/94 was also heard. The manner of disposal this matter deserves in our hands depends to a considerable extent on certain subsequent developments which have taken place during the pendency of the appeals. On 5.9.1994 this Court passed an order directing the two Banks and the Chief Medical Officer, Mandi to transfer the amounts due to the deceased from them to the Registry of this Court and on 27 3.1995 a further order came to be passed directing the investments of the amounts so received in fixed deposits. Now the investments in the form of F.D.R. have been made in the Punjab National Bank, Shimla amounting to Rs. 11,107 35, Rs. 2,05,955.00 and Rs 40,738.00. Subsequently, on 1,4.1998, a sum of Rs. 15,000/- was ordered to be released to the minor/petitioner before the Court below for his education and maintenance and the balance reinvested for a period of one year. 8. The learned Counsel for the appellants strenuously contended that the Court below committed a grave error of law in issuing the succession certificate, as prayed for in favour of the minor represented by his next friend, that the Court ought not to have undertaken, in a summary proceedings like the one filed under Section 372 of the Act intricate, complicated and seriously disputed questions of facts as well as law and instead ought to have held that the succession certificate has to be issued in favour of the first wife, who is a natural and legal heir to the deceased in view of the prima facie and best title in her to collect at least the outstandings due to the estate of the deceased and that at any rate the Court below exceeded its limits in directing the payment of the alleged debts due from the deceased even in the absence of any proper claims or proof of such claims in accordance with law and on that ground also the succession certificate stood vitiated. Argued the learned Counsel for the appellants further that the validity of the Will said to have been executed by the deceased, which suffers serious infirmities and surrounded by several suspicious circumstances on account of the manner of disposition and incongruous statements contained therein, could not have been gone into in a summary proceedings and that no relief could have been granted on the basis of such an unconscionable disposition, in these proceedings. To substantiate that the Will suffers serious infirmities and suspicion surrounds the alleged execution of the Will and the disposition contained therein the decisions of the Apex Court reported in Milkhi Ram and others v. Smt. Surmoo Devi, 1993(1) Shim. LC 118; Bhagwan Kaur v. Kartar Kaur and others, (1994) 5 SCC 135 and Gurdial Kaur and others v. Kartar Kaur and others, 1998(2) Scale 649, were strongly relied upon. While pursuing the appeal filed by the other objectors, it was contended that the court below misread the vital and relevant materials on record and applied incorrect principles in rejecting the claims based upon the joint family nature of the business concern run by the deceased and on this ground also the order of the Court below is liable to be set aside. 9. Per contra, the learned Counsel for the minor petitioner and the other learned Counsel appearing for the Respondents in FAO No. 144 of 1994, who adopted the submissions of the Counsel for the Respondent in FAO No. 80 of 1994 contended, that the succession certificate issued is valid and quite in accordance with law and if at all it is the finding of the Court below disbelieving and invaliding the adoption claimed that stood vitiated and calls for interference in our hands. It was also contended, on the materials on record the findings, which are to be only on the basis of prima facie proof in a summary proceedings, rendered in this case cannot be said to suffer any infirmity and that the dispositions made under the Will cannot also be said to be vitiated but very reasonable and well merited. Reliance has been placed upon the decisions reported in Smt. Shanti Devi and others v. Sant Ram and others, 1990 (2) Sim. LC 169; Brojendra Sundar Banerji v. Niladrinath Mukerjee and others, AIR 1929 Cal 661; Bassa v. Mr Amir Bibi and others, AIR 1914 Lah 457; Mt. Reliance has been placed upon the decisions reported in Smt. Shanti Devi and others v. Sant Ram and others, 1990 (2) Sim. LC 169; Brojendra Sundar Banerji v. Niladrinath Mukerjee and others, AIR 1929 Cal 661; Bassa v. Mr Amir Bibi and others, AIR 1914 Lah 457; Mt. Charjo and another v. Dina Nath and others, AIR 1937 Lah 196; Rabindra Nath Mukherjee and another v. Panchanan Banerjee and others, (1995) 4 SCC 459; Joyce Primrose Prestor (Mrs.) (Nee Vas) v. Vere Marie Vas (Ms.) and others, (1996) 9 SCC 324; Kamalamma v. Remani, 1987 (2) HLR 365 and Krishnammal v. R. Lakshmi Ammal, AIR 1951 Mad 535. 10. On going through the decisions relied upon on either side and the materials relied upon and made available on record as also the subsequent developments noticed supra, we are unable to approve of the course adopted by the Court below as just, proper or warranted and necessitated in the case before us. The proceedings as in this case under Section 372 of the Act cannot be equated to the one for letters of administration or issue of probate, pursuant to a Will and a succession certificate could only be to enable the collection and realisation of the outstandings due to the estate of the deceased. The Court below could not have permitted the payment of the so-called debts from out of the amounts realised in the absence of any proper claim or proof of such claims, in any appropriate proceedings merely on the request of the minor petitioner and this part of the directions of the Court also is liable to be and is hereby set aside. It is by now well settled by the authority of the Apex Court, that the mere proof of execution and registration of a Will itself is of no consequence when the execution of the alleged Will and the dispositions contained therein are shown to be surrounded by several and serious suspicious circumstances including the patent unreasonableness and absurdities involved in the manner of dispositions, shown to have been made. The propounder or person relying upon the same for any claim based thereon must remove such suspicion before Courts can give any credence to it or act upon the same. The propounder or person relying upon the same for any claim based thereon must remove such suspicion before Courts can give any credence to it or act upon the same. The least said in this case against the claimant for succession certificate and those behind him and those who were behind also as the brain motivator, the friend of the minor, is better and while refraining from expressing our views or record any findings in this regard, it is sufficient, if it is placed on record that all Rs not well with the role played by all those concerned in the said move and that the propounder or claimants under the Will have not discharged their burden and cleared the several strong and serious suspicious circumstances surrounding the execution of the Will or justified the reasonable nature of the dispositions also, for the Court to have acted upon it, and that too in a summary proceedings like the one under Section 372 of the Act. All the more so and particularly when there is the first wife, whose status could not be questioned and almost conceded even before the Court below. The reasonable and just way in which the Court of law is expected to proceed should have been, in a summary proceedings wherein the object , is to find out a person having prima facie the best title, in order to authorise such person to recover the outstandings due to the estate of the deceased, is to authorise the first wife .(the appellant in FAO No. 80/1994) instead of choosing to empower a minor represented through his next friend and guardian, supposedly second wife whose status has to be proved and got declared, merely depending upon a seriously contested Wili of suspicious nature in a summary proceedings, when the plea of adoption projected came to be rejected by the Court below itself. That in our view should have been not only the reasonable but proper and legally permissible course to have been adopted by the Court below, instead of the manner of approach adopted by it. That in our view should have been not only the reasonable but proper and legally permissible course to have been adopted by the Court below, instead of the manner of approach adopted by it. Even otherwise Section 387 specifically provides that no decision under the said part in which the said provision occurs, upon any question of right between the parties shall be held to bar the trial of the same question in any suit or in any other proceeding between the same parties and nothing in that part shall be construed to affect the liability of any person who may receive the whole or any part or any debts or security or any interest or dividend on any security, to account therefor to the person lawfully entitled thereto. In view of the above among the contesting claimants in the proceedings, before the Court below, that Court ought to have thought fit to issue the certificate only in favour of the Appellant in FAO No, 80/1994, where status and position and rights as the lawful heir of the deceased cannot and has not been questioned, rather than in favour of a person projecting a debatable, seriously disputed and nebulous claim, which remains to be established by such person before a competent Civil Court of regular and ordinary jurisdiction. The petitioner in succession case No. 1 of 1991 in the Court below, the first Respondent in FAO No. 80/1994 ought to have been relegated to the Civil Court to work out his rights in a properly framed and regular suit, than preferring him to the detriment of the appellant in FAO No. 80/1994 whose rights and position cannot even be prima facie questioned in a summary or other proceedings. The manner, in which it has been allowed to be done, cannot be approved and though normally we would have directed the issue of the succession certificate in favour of the appellant in FAO No. 80/1994 subject to the right of the first respondent in the said appeal to vindicate his rights in a regular suit, on account of the supervening circumstance and fact that the amounts have already been directly realised by a direction from this Court and directed further to be in fixed deposit, we do not propose to adopt such a move. On the other hand, appropriate directions issued to administer and safeguard the corpus with liberty to the parties to work out their remedy in a Court of law by a regular suit will suffice for the purpose of these cases, as the matters stand at present. 11. The plea of the appellant in FAO No. 144/94 who dispute the very right of the deceased to receive the amounts in question as his own but assert a joint claim is one which cannot be permitted to be agitated in this summary proceedings or in an appeal filed against such proceedings and the decision taken therein. The conclusions of the learned trial Judge in the Court below rejecting the claims of the other objectors therefore do not call for our interference since they are found to be just, reasonable and well merited and if they desire it is open to them as envisaged in Section 387 of the Act to vindicate their rights before a competent Court in appropriate proceedings. Consequently, the appeal filed in FAO No. 144 of 1994 shall stand dismissed. No costs. 12. The Cross-objections filed by the petitioner in the Court below (1st Respondent in FAO No. 80/1994) is devoid of merit and the plea of adoption projected on the face of it cannot be countenanced in a summary proceedings under Section 372 of the Act, unless and until established in a properly framed suit before a competent ordinary Civil Court of original jurisdiction. The findings arrived at by the Court below in this regard cannot be said to suffer any patent error of law or perversity of approach in the appreciation of the materials made available on record. Therefore, the Cross abjections No. 265-A/94 filed by the 1st Respondent in FAO No. 80 of 1994 fails and shall stand dismissed. No costs. 13. So far as FAO No. 80 of 1994 is concerned, we allow the same, set aside the order of the Court below granting the succession certificate in favour of the petitioner in the Court below but at the same time in view of our conclusions supra, direct the amount lying in three F.D.Rs. No costs. 13. So far as FAO No. 80 of 1994 is concerned, we allow the same, set aside the order of the Court below granting the succession certificate in favour of the petitioner in the Court below but at the same time in view of our conclusions supra, direct the amount lying in three F.D.Rs. pursuant to the order of this Court, in the respective Banks, as noticed supra, shall continue to be there in deposit by making periodical renewals of such deposits every two years, pending proper adjudication of the rights of parties by a competent Civil Court and the corpus and subsequently accumulated interest in such deposits shall abide by the decision of the Civil Court made in the proceedings initiated at the instance of any one or the other of the parties. The right to appropriate and adjust or refund and repay the sum of Rs. 15,000/- directed to be paid pending proceedings in this Court to the petitioner before the Court below will also abide by the decisions rendered by the competent Civil Court. No costs. Order accordingly.