1. Learned counsel has urged that under section 375(1) of the Succession Act, 1925 read with Rule 400 of the Sindh Chief Court Rules (O.S.) it is not necessary for the grant of a Succession Certificate in a non-contentious matter that two or more sureties be provided a$ a condition precedent for issuance. Learned counsel also says that in contentious matters as well it is only discretionary for the Court to allow such a requirement to stand and appropriate cases that can be relaxed.
2. Since according to the learned counsel the grant of Succession certificate in this case has followed upon the consent of all the next of kin and it has emerged as non-contentious matter, the Nazir would formalise issuance of Succession Certificate to the petitioner in terms already ordered exclusively upon execution of a personal bond by the petitioner and no sureties need be insisted upon.
3. As the petitioner has pleaded financial stringency the formalities for issuance of the Succession Certificate would be gone into during vacation. In the above terms both the applications are granted.