AIR 1977 BOMBAY 419 ::1977 HinduLR 168 ::(1976) 78 Bom LR 543

Bombay High Court

Hon'ble Judge(s): Hajarnavis, Lentin , JJ

(A) Succession Act (39 of 1925) , S.264, S.265(1)— Grant of letters of administration - Contentious proceeding - Power of Civil Judge (Senior Division) authorised under Bombay Act 14 of 1869 to decide. Bombay Civil Courts Act (14 of 1869) , S.28A— - High Court Rules and Orders Bombay High Court Civil Manual (Vol. 1) (1960) , R.255(ii)— Reading S.28-A of the Bombay Civil Courts Act, 1869 and R.55(ii) of the Bombay High Court Rules (Civil Manual, Vol.1, 1960) there can be no doubt that a Civil Judge (Senior Division) has been invested with all the powers of a District Judge to take cognizance of any contested proceeding under the Succession Act, 1925, which may be transferred to him by the District Judge. Thus the Civil Judge (Senior Division), to whom @page-Bom420 an application for grant of letters of administration is so transferred by the District Judge, could dispose of the same on merits irrespective of the fact that a caveat had been entered and the matter had become contentious: There is no conflict whatsoever between S.264 of the Succession Act and S.28-A of the Bombay Civil Courts Act nor can it be said that the High Court's power of delegation under S.28-A of the Bombay Civil Courts Act is circumscribed by S.265(1) of the Succession Act.(Para 15 16) ....