GANPAT PRALHAD Vs. MAHADEO PAIKAJEE KOLHE

JUDGEMENT

(1.) THE question is whether an Additional District Judge can exercise the powers of a District Judge in the matter of granting probato of a will.

(2.) AN application for probate was made to the Additional District Judge at Yeotmal, which is situate in the East Berar civil district, which district has its headquarters at Amraoti. The appellants contend that only the District Judge at Amraoti has jurisdiction because the District Court of that place is the principal civil Court of original jurisdiction.

(3.) THE term "District Judge" is defined in Section 2(bb) of the Act as follows:" 'District Judge" means the Judge of a principal civil Court of original jurisdiction." It is evident from this definition that the words "District Judge" have been used in the Act as a term of art to designate something wider than a District Judge. One of the reasons for this is explained in In re Vishnu A.I.R. (31) 1944 Nag, 273. It was done so that certain High Court's namely, those in Presidency Towns, could also be vested with jurisdiction under the Act. In. stead of altering the Act all through it was considered simpler to give a special definition to the term "District Judge" and, as we say, on reading that special definition it is evident that "District Judge" does not mean merely the principal Judge of a District Court but is something wider. The question is, how wide, and whether the term can include Additional District Judges.