AIR 2006 BOMBAY 78 ::2006 (1) AIR Bom R 455 ::2006 A I H C (NOC) 25 (BOM) ::2006 BomCRSup 721 ::2006 (3) Civ LJ 650 ::(2006) 1 AllMR 662 (BOM) ::2006 (1) Mah LJ 79 ::(2006) 41 AllIndCas 327 (BOM) ::2006 (41) AllIndCas 327

Bombay High Court

Hon'ble Judge(s): Ranjana Desai , J

Succession Act (39 of 1925) , S.276— Bombay Civil Courts Act (14 of 1869) , S.28A— Grant of probate - Application for - Jurisdiction of Courts - Claim for grant of probate was disputed - Proceedings for grant of probate therefore partake character of suit - Issue regarding pecuniary jurisdiction of court is to be decided first - Otherwise if probate proceeding entertainable by Civil Court Senior Division were entertained by Division Court, applicant would loose right to appeal against order of Civil Judge Senior Division to Court of District Judge. The moment the probate proceedings become contentious they partake the character of a suit. Under the said Act, the said matters may be adjudicated by the District Judge or the Civil Judge, Senior Division to whom such proceedings have been transferred. Once the Civil Judge. Senior Division has exercised the jurisdiction over the application filed by the petitioner for grant of probate of the will having valuation of Rs. 10,000/-in view of the provisions contained in S. 29-A of the Bombay City Civil Courts Act, 1869, the appeal lay against such order passed by the Civil Judge, Senior Division, to the Court of the District Judge. Therefore when application for grant of probate is disputed the issue regarding pecuniary jurisdiction of court is to be decided first otherwise applicant would loose right ....