ABDULHUSSAIN Vs. AKBARALI AND ORS.

JUDGEMENT

(1.) ONE Daudbhai, a Bora, died on 29 -11 -1944 leaving his brother Akbarali and his sister Fatma Bai as his heirs. His widow Safia Bai had remarried and so is not in the picture. It is said that on 11 -7 -1944 Daudbhai had executed a will. Whether it is a will or not that is disputed. But it is in the form of a letter addressed by the deceased to Rai Bahadur Rangilal, Chief Justice of Indore State High Court.

(2.) THE application by Akbarali and Fatma Bai has now been granted for succession certificate in respect of Daudbhai's debts on the condition that they would furnish security.

(3.) MR . Rege, learned Counsel for the Respondents however raises a preliminary objection that the order passed by the District Judge is not appealable under Section 384, Indian Succession Act (No. 29 of 1925). The first Sub -section of Section 384, which is material for the purposes of this appeal, runs as follows: