High Courts(1903) 05 CAL CK 0035

Gunindra Prosad vs Jugmala Bibi

Calcutta High Court · Decided on 1 May 1903

RESULT
Dismissed
CASE NUMBER
Appeals from Orders Nos. 381 and 409 of 1901

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Judgment

3 paragraphs · 201 words

Maclean, C.J.—I do not think we ought to interfere on these appeals. It is difficult for us to decide the question of the strict right to the succession certificate without determining questions of law which are obviously intricate and difficult and not such as can be properly decided upon a summary proceeding such as the present. The object of the Succession Certificate Act is to obtain the appointment of some one to give a legal discharge to debtors to the estate for the debts due. It was not, I think, intended that nice questions of law as to the rights of parties to the estate of the deceased should be decided on an application tinder it. It is reasonably clear that the persons now appointed have prima facie the best right to a grant of a certificate, but in saying this I am not to be taken as deciding anything as to the ultimate rights of the parties in the estate. These, if disputed, will probably have to be decided in a regular suit. Under these circumstances I do not think we ought to interfere. The appeals are dismissed. We make no order as to costs.

Geidt J.

2.

I concur.