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Giribala Dasi Vs. Prokash Chandra Dutt - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Reported inAIR1929Cal496
AppellantGiribala Dasi
RespondentProkash Chandra Dutt
Excerpt:
- .....husband, which ran the risk of being stolen and misappropriated by the opposite-party. the learned district judge rejected the application of the petitioner for making an inventory of the movables left by her husband on the ground that there was no provision for such a proceeding in the succession act. section 268, succession act provides that:the proceedings of the court of the district judge in relation to the granting of probate and letters of administration shall, save as hereinafter otherwise provided, be regulated, as far as the circumstances of the case permit by the code of civil procedure 1908.2. under order 39, rule 7, civil p.c., the court may on an application of any party to a suit make an order for making an inventory of properties. under the provisions of section 268,.....
Judgment:

1. The facts of the case out of which this rule has arisen are these: the petitioner is a widow. Her brother-in-law applied for probate of her deceased husband's estate. Notice was duly served on the petitioner. She duly filed her objection and at the same time made an application for the appointment of a Court Officer to inspect and make an inventory of all the moveables left by her husband, which ran the risk of being stolen and misappropriated by the opposite-party. The learned District Judge rejected the application of the petitioner for making an inventory of the movables left by her husband on the ground that there was no provision for such a proceeding in the Succession Act. Section 268, Succession Act provides that:

the proceedings of the Court of the District Judge in relation to the granting of probate and letters of administration shall, save as hereinafter otherwise provided, be regulated, as far as the circumstances of the case permit by the Code of Civil Procedure 1908.

2. Under Order 39, Rule 7, Civil P.C., the Court may on an application of any party to a suit make an order for making an inventory of properties. Under the provisions of Section 268, Succession Act a probate Court has the same power in ordering an inventory to be made as the ordinary civil Court has. The rule is therefore made absolute. The order of the learned District Judge is set aside and the case sent back to him to be dealt with in accordance with law.


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