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In Re: Goods of P.J. Avdall - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1899)ILR26Cal404
AppellantIn Re: Goods of P.J. Avdall
Excerpt:
letters of administration - administrator-general's act (ii of 1874), section 12--verification of petition--court fees amendment act (xi of 1899). - .....act ii of 1874, or whether he should be required to make an affidavit in the form prescribed by act xi of 1899. the form of affidavit prescribed by this act in itself sufficiently indicates that it was intended to be used by applicants other than the administrator-general the administrator-general, as a public officer by section 12 of act ii of 1874, is exempted from verifying otherwise than by his signature any petition presented by him under the provisions of the act. see in the goods of mccomiskey (1893) i.l.r., 20 cal., 879. this section, unless expressly repealed cannot be treated as having ceased to be operative.2. under the circumstances an order for grant of letters of administration may be made on a certificate being produced from the registrar that the.....
Judgment:

Sale, J.

1. This is an application by the Administrator-General for letters of administration, The petition contains a schedule of assets, from which no deduction is claimed. The only question is whether the signature of the Administrator-General should be accepted as a sufficient verification under Section 12 of the Administrator-General's Act II of 1874, or whether he should be required to make an affidavit in the form prescribed by Act XI of 1899. The form of affidavit prescribed by this Act in itself sufficiently indicates that it was intended to be used by applicants other than the Administrator-General The Administrator-General, as a public officer by Section 12 of Act II of 1874, is exempted from verifying otherwise than by his signature any petition presented by him under the provisions of the Act. See In the Goods of McComiskey (1893) I.L.R., 20 Cal., 879. This section, unless expressly repealed cannot be treated as having ceased to be operative.

2. Under the circumstances an order for grant of letters of administration may be made on a certificate being produced from the Registrar that the administration duty has been paid and a statement to that effect being inserted in the petition.


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