BALBHADRA SINGH Vs. MUNAKA DEVI

JUDGEMENT

(1.) The petitioner, caveator-opposite-party in the court below, challenged the jurisdiction of the Additional District Judge in seisin of the proceeding to grant probate of a will in a proceeding under the Indian Succession Act, 1925 (the Succession Act' in short). The objection having been rejected he has come to this Court in revision.

(2.) It is contended by the petitioner that by reason of the provisions contained in the Act, only the District Judge is competent to grant probate or letters of administration in contentious proceeding. Court other than that of the District Judge have jurisdiction only if the grant is not contested. The question for consideration is whether the District Judge alone is competent to grant probate of letters of administration in contentious proceedings.

(3.) The provisions referred to by Mr. Balbhadra Singh, an Advocate of this Court appearing in person, in support of his contention are contained in Sections 2(bb), 264, 265, 286 of the Succession Act. The said provisions in so far as relevant may be noticed at one place at the very outset.