SHANKER LAL Vs. GIRJA PATI MISRA

JUDGEMENT

(1.) THIS appeal filed by Shanker Lal, executor of the will of late Sri Har Prasad arises out of the order of the District Judge, Gorakhpur ordering that the accounts submitted by the executor be audited and then put up with the report of the auditor.

(2.) LEARNED Counsel for the Appellant has contended that the District Judge had no power to appoint the auditor under the provisions of the Indian Succession Act and there being no provision for the audit of the accounts in law, the Judge was not competent to pass such an order.

(3.) A reference may be made to the provisions of Section 317 which lays down as follows: -