BHAGWATI TALWAR Vs. STATE

JUDGEMENT

(1.) The Court: At a very belated stage, after the evidence of the plaintiff has been concluded, the present application has been taken out by the defendant contending that this Court does not have the jurisdiction to entertain the present testamentary suit.

(2.) Learned Counsel for the defendant/petitioner referred to Sections 270 and 300 of the Indian Succession Act and also to Clause 34 of the Letters Patent. Learned Counsel has also cited the decisions reported in 93 CWN 812 and AIR 2012 Calcutta 7.

(3.) There is no dispute that the testatrix died in Calcutta at Dover Park, which is outside the territorial jurisdiction of the City Civil Court. There is also no dispute that the testatrix has left movable properties at Dover Park, Kolkata, outside the territorial limits of the City Civil Court. The testatrix has also left a bank account at the Punjab National Bank, Lindsay Street Branch.