Madras High Court
Srinivasachariar vs Gopalan Minor By His Father And Guardian ... on 13 February, 1914
Equivalent citations: (1914)26MLJ365, AIR 1914 MADRAS 637(2)
JUDGMENT
1. The judge has dismissed the petition on the ground that the debts in respect of which the certificate is prayed for did not form the property of the deceased but very probably they belong to one of the persons who oppose the grant of the succession certificate to the appellant. We are of opinion that the question whether the debts belonged to the deceased is not a matter to be decided on this application. We agree with the decision in Baikashi v. Parbhu Keval (1903) I.L.R. 28 B. 119 which has been followed in A.A.O. No. 42 of 1906 by Benson and Wallis JJ. We are unable to agree with the opinion of the Chief Justice to the contrary in Radha Rani Dassi v. Brindabun Chundra Rasack (1897) I.L.R. 25 C. 320. The order of the Lower Court is therefore reversed and the District Judge is directed to restore the application to his file and dispose of it according to law. Costs hitherto incurred will be provided for in the final order.