AI Structured Summary
Not yet generated for this judgment
Judgment
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 ILR (1903) 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 ILR (1897) 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.