TRILOKI NATH Vs. KANHIYA LAL

JUDGEMENT

(1.) THIS revision is directed against an order of the District Judge, Agra, dated 11th October, 1976. The opposite parties had moved an application 36C stating that the Court of District Judge at Agra had no jurisdiction to entertain the application for the grant of letters of administration. The prayer was that until this point of jurisdiction was decided, the filing of the written statement by the opposite parties may be deferred. The learned District Judge by his aforesaid order rejected the application. The present revision has been filed against the above order.

(2.) LEARNED counsel for the applicant contended that unless there was a notification in the official gazette by the State Government as contemplated under S. 264 (2) of the Indian Succession Act, hereinafter referred to as the Act, the District Judge had no jurisdiction for granting letters of administration with the Will annexed. He urged that the opposite parties had not been able to show the existence of such a notification and, as such, the Court of District Judge at Agra had no jurisdiction to entertain the petitions for the grant of letters of administration.

(3.) FOR the reasons given above, I find no merits in this revision. It is accordingly dismissed, but in the circumstances of the case, I make no order as to costs. The stay order is vacated, and the record of the case shall be forthwith sent down to the Court below so that the further proceedings are done expeditiously. Revision dismissed.