Skip to content


Bahubalendrani Guruvaraju Vs. Bahubalendrani Chandrasakara Raju by Guardian Gopinatha Tripathi - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1908)18MLJ252
AppellantBahubalendrani Guruvaraju
RespondentBahubalendrani Chandrasakara Raju by Guardian Gopinatha Tripathi
Cases ReferredIn Chakrapani v. Varahalamma I.L.R.
Excerpt:
- .....to. mr. thiruvenkata chariar has, however, very properly called our attention to the definition of district judge in the general clauses act, 1868, which was in force in 1880 when the succession certificate act was passed.2. in section 2(12) 'district judge' is denned as the judge of a principal civil court of original jurisdiction.3. we think under section 3 of the act xxiv of 1839 and rule x, clause 4, of the rules framed pursuant to that act, the agent is the judge of the principal civil court of original jurisdiction in the agency. in section 3 of the succession certificate act 'district court' is denned as a court presided over by a district judge. consequently, under section 19, succession certificate act, an appeal lies from the agent's order as from an order of a district.....
Judgment:

1. It is urged that there is no appeal in this case under Section 19 of the Succession Certificate Act from the order of the Agent to the Governor at Vizagapatam, as it is contended that the Agent is not a District Court and the decision in Chakrapani v. Varahalamma I.L.R. (1894) M. p. 227 is referred to. Mr. Thiruvenkata Chariar has, however, very properly called our attention to the definition of District Judge in the General Clauses Act, 1868, which was in force in 1880 when the Succession Certificate Act was passed.

2. In Section 2(12) 'District Judge' is denned as the Judge of a Principal Civil Court of Original Jurisdiction.

3. We think under Section 3 of the Act XXIV of 1839 and Rule X, Clause 4, of the Rules framed pursuant to that Act, the Agent is the Judge of the Principal Civil Court of Original Jurisdiction in the Agency. In Section 3 of the Succession Certificate Act 'District Court' is denned as a Court presided over by a District Judge. Consequently, under Section 19, Succession Certificate Act, an appeal lies from the Agent's order as from an order of a District Court.

4. In Chakrapani v. Varahalamma I.L.R. (1894) M. p. 227 this provision of the General Clauses Act appears to have been overlooked, and we are unable to follow it. The objection must be overruled.

5. As to the merits in order to ascertain the title of the petitioner it would have been necessary for the Agent to go into the pedigree filed by the petitioner as supplemental to his petition in accordance with the Agent's direction.

6. This would have involved a lengthy and complicated inquiry, and we think, under these circumstances, the Agent was justified in not going into the pedigree and dismissing the petition.

7. The appeal is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //