V S RAMAKRISHNA AIYAR Vs. NAGAMMAL

JUDGEMENT

(1.) This is an application under Section 115 of the Civil Procedure Code for revision of an order of the District Judge of Madura, revoking the succession certificate granted to the petitioner here and granting a certificate to the respondents.

(2.) The petitioner here claimed the certificate as legatee under a will made by a deceased Hindu. His application was opposed by the respondents, the widows of the deceased. The Subordinate Judge, to whom the application was made, took evidence on the question of the genuineness of the will. His conclusion, to set it out in his own words, was as follows : "I find that for purposes of this petition the will is proved. This decision will not affect the right of the respondents to have the will declared void or to have it set aside." It is not quite clear to me whether the Subordinate Judge meant that on the evidence he came to the conclusion that the will was genuine, but that his opinion would not constitute the matter res judicata in any proceedings which the respondents might take to declare the will not genuine, or whether he meant merely that the petitioner had adduced sufficient evidence to enable the Sub-Judge to arrive at a prima facie conclusion in favour of the genuineness of the will.

(3.) The respondent appealed to the District Court against the Sub-Judge s order.