In Vijaya Shrikant Revale vs. Shirish Shrikant Revale, the Bombay High Court applied the presumption. In this case the trial court rejected an application for a Succession Certificate on the basis that it had no power to grant a Succession Certificate where the date of death of the missing person was not stated. The trial court held that it was necessary to obtain a declaration of the death of the deceased, since that required detailed enquiry and could not be done in the summary proceedings for the grant of a Succession Certificate. In appeal the High Court held that a court exercising jurisdiction under section 372 of the Succession Act, 1925 was a Civil Court and competent to decide the issue of death of a person who is not heard of for seven years or more. The High Court considered the statements of the parties made on affidavit, police complaint that the deceased went missing, publication made in the newspaper and report of the police station and that the lower court had published the application. The High Court allowed the appeal and ordered that a Succession Certificate be issued to the applicant.