Madras High Court
Venkatasami Naik, By His Guardian ... vs Chinna Narayana Naik on 19 December, 1894
Equivalent citations: (1895)5MLJ28
JUDGMENT
1. The preliminary objection is taken that there has been no order granting a certificate within the meaning of Section 19 of the Act. We are of opinion, however, that the order that certificate be granted on security being furnished, sufficiently meets the requirements of the section, though it is only intended to take effect on security being furnished.
2. We are unable to accept the decision of the Allahabad High Court in Bhagwani v. Manni Lal (1891) I.L.R. 13 A. 214 to which our attention has been drawn.
3. As the widow did not appear though notice was served on her, we cannot say the judge was wrong in granting the certificate to the brother.
4. We dismiss this appeal with costs.