SHIVKUNWAR Vs. BHANU PRAKASH SINGH

JUDGEMENT

(1.) THIS is an application under Section 384 of the Indian Succession Act from the judgment of the Additional District Judge, Rajgarh, refusing to grant a certificate of succession in Case No. 1 of 1959 to the Appellant.

(2.) THE short facts out of which this appeal arises are that the Appellant, Her Highness Rajmata Shivkunwar, widow of his late Highness Arjunsingh, Ex -Ruler of Narsinghgarh, presented an application on 14 -12 -1959, under Section 372 of the Indian Succession Act for the grant of a succession certificate in respect 6f the property of Her Highness Maharani Dev Kunwar of Narsinghgarh, who lived in Narsinghgarh, but died in Bombay, where she had gone for treatment. This petition was opposed by His Highness Bhanu Prakash Singh of Narsinghgarh and Maharaj Surjan Singh. Without stating all other facts of the case, which is not necessary it is enough to state that one of the objections raised by the non -Petitioner was that Rajgarh Court had no jurisdiction to entertain the petition. The learned Additional District Judge holding that the parties did not adduce any evidence to show that the deceased's ordinary residence was within the local limits of District Rajgarh and that the property in respect of which succession certificate was sought was not within the jurisdiction of the Court, dismissed the petition as being "not tenable". It is against this order that the present appeal is filed.

(3.) I am sorry that before dismissing the application the learned Additional District Judge, Rajgarh did not give a moment's thought to Section 371 of the Indian Succession Act which runs as follows: