ROMESH CHANDRA DAS Vs. SRIMATI KAMINI SUNDARY DASYA

JUDGEMENT

(1.) This appeal arises out of an order of the learned District Judge of Dacca, dated the 13th September 1915. By that order the learned District Judge dismissed an application for a succession certificate in respect of certain promissory notes, on the ground that there was a Will relating to those notes and that the provisions of Clause (4), Section 1, of the Succession Certificate Act applied to the case.

(2.) Mr. Bepin Behari Ghose has appeared for the appellant and contended that in the circumstances the clause referred to has not the effect of preventing issue of a succession certificate.

(3.) The Will in question is dated 22nd January 1912. The testator was a gentleman of considerable wealth and the Will relates only to a portion of the property which he left. By paragraph 5 of the Will, he gave his widow certain rights in respect of some of the promissory notes in question. By paragraph 12 he gave similar rights in respect of other of the promissory notes to his widowed daughter-in-law. By paragraph 20, he gave his daughter an interest in one of the promissory notes for Rs. 10,000.