GAJAMBAL RAMALINGAM Vs. RUKNUL MULK SYED ABDUL WAJIC

JUDGEMENT

(1.) THIS appeal is from a judgment dated 5th July 1944, of the Court of the British Resident in Mysore affirming a judgment dated 22nd November 1943, of the Court of the District Judge, Civil and Military Station of Bangalore, by which it was ordered that probate of the will dated 10th September 1942, with a codicil dated 24th September 1942, of one V. Ramalingam Mudaliar should issue to certain persons who are respondents to this appeal.

(2.) AT the original hearing of the appeal counsel for the respondents took the preliminary point that His Majesty no longer has jurisdiction to entertain an appeal from the Court of the British Resident in Mysore. Their Lordships having heard this point twice argued, first at the original hearing and then a second time at the request of the appellants, who asked for that indulgence on the ground that there was further matter to put before the Board, are of opinion that the objection is well founded for the reasons which they will now give.

(3.) AS already stated, the orders of the District Judge and of the Court of the British Resident were dated respectively 22nd November 1943, and