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Baimanekbai Wife of Rastamji Beramji Vs. Manekji Kavas Ji and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1883)ILR7Bom213
AppellantBaimanekbai Wife of Rastamji Beramji
RespondentManekji Kavas Ji and anr.
Excerpt:
application for probate or letters of administration - limitation--act xv of 1877, schedule ii, article 178. - .....article 178 of schedule ii of act xv of 1877 is limited to applications made under the code of civil procedure, we hold that applications for probate, or letters or certificates of administration, do not fall within that article. an examination of all the other articles in the second schedule relating to 'applications,' that is to say, of the third division of that schedule, shows that the applications therein contemplated are such as are made under the civil procedure code. hence it is natural to conclude that the applications referred to in article 178 are applications ejusdem generis, i.e. applications under the code of civil procedure. the preamble of the act moreover, purports to deal with 'certain applications' only, and not with all applications. we reverse the order of the.....
Judgment:

M.R. Westropp, Kt., C.J.

1. Inasmuch as we are of opinion that Article 178 of Schedule II of Act XV of 1877 is limited to applications made under the Code of Civil Procedure, we hold that applications for probate, or letters or certificates of administration, do not fall within that article. An examination of all the other articles in the second schedule relating to 'applications,' that is to say, of the third division of that schedule, shows that the applications therein contemplated are such as are made under the Civil Procedure Code. Hence it is natural to conclude that the applications referred to in Article 178 are applications ejusdem generis, i.e. applications under the Code of Civil Procedure. The preamble of the Act moreover, purports to deal with 'certain applications' only, and not with all applications. We reverse the order of the Acting District Judge of the 16th July, 1880, and direct the present District Judge to proceed to hear and dispose of the cases on its merits. Costs of this appeal and of the application should abide the result of the hearing on the merits.


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