Decided on March 19,1952

P.K.GANGULY Appellant
G.R.DEVI Respondents


Jamuar, J. - (1.) This is an appeal from a judgment and order of the Subordinate Judge and District Delegate at Dhanbad, dated the 25th April 1951.
(2.) The facts, shortly stated, are these : One Rai Bahadur Shivadas Banerjee died on 13-2-1949, at Dhanbad leaving behind a daughter named Gauri Rani Devi as the sole surviving heir. Musammat Gauri Rani Devi filed an application in the court below for obtaining a succession certificate authorising her to realise certain debts and securities mentioned in a schedule attached to her application. This schedule discloses that there was a sum of Rs. 50,000/- lying in fixed deposit in the Imperial Bank of India at Dhanbad, another sum of Rs. 1,087/12/8 lying in the current ac- count in the same Bank, and a third sum of Rs. 908/4/7 lying in deposit in the current account in the Chota Nagpur Banking Association, Ltd., at Dhanbad. The total of these three amounts is Rs. 52,746/1/3.
(3.) There was an objection to the grant of the succession certificate by Prabir Kumar Ganguly who is the son of another daughter of Rai Bahadur Shivadas Banerjee who had predeceased her father. The objection put forward was that the applicant was an heir with limited interest, and, therefore, she had no right to touch the corpus of the properties left by her deceased father. The objector did not object to the grant of a succession certificate to the applicant, but asked the Court to call upon her to furnish security to the extent of the entire amount, as a condition precedent to the grant of a certificate. The Court below made an order granting succession certificate to the applicant, taut refused, in the circumstances of this case, to impose the condition, namely requiring the applicant to furnish security. It is against this latter part of the order that the present appeal was filed by Prabir Kumar Ganguly, the objector in the Court below.;

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