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Venkatasami Naik, by His Guardian Timmaya Naik Vs. Chinna Narayana Naik - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1895)5MLJ28
AppellantVenkatasami Naik, by His Guardian Timmaya Naik
RespondentChinna Narayana Naik
Cases ReferredBhagwani v. Manni Lal I.L.R.
Excerpt:
- 1. the preliminary objection is taken that there has been no order granting a certificate within the meaning of section 19 of the act. we are of opinion, however, that the order that certificate be granted on security being furnished, sufficiently meets the requirements of the section, though it is only intended to take effect on security being furnished.2. we are unable to accept the decision of the allahabad high court in bhagwani v. manni lal i.l.r. (1891) a. 214 to which our attention has been drawn.3. as the widow did not appear though notice was served on her, we cannot say the judge was wrong in granting the certificate to the brother.4. we dismiss this appeal with costs.
Judgment:

1. The preliminary objection is taken that there has been no order granting a certificate within the meaning of Section 19 of the Act. We are of opinion, however, that the order that certificate be granted on security being furnished, sufficiently meets the requirements of the section, though it is only intended to take effect on security being furnished.

2. We are unable to accept the decision of the Allahabad High Court in Bhagwani v. Manni Lal I.L.R. (1891) A. 214 to which our attention has been drawn.

3. As the widow did not appear though notice was served on her, we cannot say the judge was wrong in granting the certificate to the brother.

4. We dismiss this appeal with costs.


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