PRABIR KUMAR DAS Vs. JAYANTI DAS

JUDGEMENT

(1.) One Nirmal Kumar Das died leaving him surviving the parties abovenamed by making a Will. The widow, younger son and daughter being the respondents abovenamed applied lor letters of administration in this Court with a copy of the Will annexed. The elder son, the applicant abovenamed, lodged caveat.

(2.) The present application was filed by the elder son for dismissal of the application for letters pf administration being P. L. A. No. 355 of 2001 on the ground that this Court lacked territorial jurisdiction to entertain the said application. The application for letters of administration was filed by invoking the jurisdiction of this Court on the ground that the deceased had his permanent place of abode at 25/5A, Anathdeb Lane, Calcutta outside the jurisdiction of this Hon'ble Court as well as the City Civil Court, Calcutta. The place of abode was within the territorial jurisdiction of District Judge, 24-Parganas (North). The deceased, however, left immovable property at Sitaram Ghosh Street, Calcutta within the jurisdiction if this Hon'ble Court as well as City Civil Court at Calcutta.

(3.) The applicant contended that the provision of Clause 34 of the Letters Patent of the rules of this Court in its original side was no more applicable in the instant case in view of the amended provisions of the City Civil Court Act, 1953 (hereinafter referred to as the "said Act of 1953"). According to the petitioner since the property was within the jurisdiction of the City Civil Court the application should have been filed in City Civil Court and not in this Court.