KUMAR SHRI RANJITSINHJI Vs. BANK OF BOMBAY

JUDGEMENT

(1.) This is a special case stated for the opinion of the Court under the provisions of the Civil Procedure Code, Section 90 and Order XXXVI.

(2.) The defendant Bank is constituted and regulated under the Presidency Banks Act, 1876. By Section 23 of the said Act it is provided as follows: When by the death of: any proprietor or share-holder his stock or shares shall devolve on his legal representative, the Bank shall not he bound to recognise any legal representative of such proprietor or share-holder, other than a person who has taken out from a Court having jurisdiction in this behalf Probate of the will or Letters of Administration to the estate of the deceased.

(3.) Maharaj Rajkumar Shri Raghunathsinhji Wakhatsinhji was during his lifetime the registered holder of 15 shares in the Bank of Bombay particulars whereof are given in the schedule to the special case. The Maharaj died on or about the 7th day of September 1916 intestate. On the 28th of February 1918 the District Judge and Political Agent, Rewa Kantha, issued a certificate under the Succession Certificate Act, 1889, in respect inter alia of the said 15 shares. Under Section 17 of the Act: Where a certificate in the form, as nearly as circumstances admit, of the second schedule has been granted to a resident within a foreign State by the British representative accredited to the State, or whore a certificate so granted has been extended in such form by such representative, the certificate shall, when stamped in accordance with the provisions of the Court-Fees Act, 1870, with respect to certificates under this Act, have the same effect in British India as a certificate granted or extended under this Act.