MOHAMED OBEDULLA CHINOY Vs. RASUBHAI SULEMAN CHINOY

JUDGEMENT

(1.) This is an uncontested Petition for Letters of Administration with Will annexed. The frst oddity about the matter, and it is truly inexplicable, apart from being a tragic and terrible commentary on our justice delivery system, is that, though uncontested, the matter has been pending in this Court for the last thirty one years. There is indeed a question of law involved. But the answer to it is neither complex nor new. Indeed, that answer is even older than the Petition: the solution is from 1905. It is an answer that the Petition could have received very much earlier. I have deliberately chosen to preface this order with these comments, for, during three decades since the Petition was fled, two of the four Petitioners have passed on, and the remaining two are well into their eighties.

(2.) Their wait ends today.

(3.) The matter is listed on account of an objection taken by the Registry. I cannot fault the Registry in taking the objection that it does. The objection raises a question of law. It is that question of law that is now to be answered.