1. Heard learned counsel for the appellant.

2. The appellant has filed the present appeal against the order dated 4-9-2004 passed by the 5th Additional District Judge, Patna in Succession Case No. 17/04 by which the succession case was dismissed for want of territorial jurisdiction.

3. The case of the applicant -appellant Sona Devi is that her husband late Ajay Kumar Mehta was employed as Assistant Engineer, Patpur Nirman Shakha, Jal Nigam at Balia in U. P. and died at his village home situated in the district of Patna which is also his fixed place for permanent residence. It was stated that the service of her deceased husband was transferable in nature but he was a permanent resident of State of bihar in the district of Patna where he has his ancestral property, houses, etc. After describing movable properties located in various Post Offices and Banks in different places a prayer was made by filing an application under Section 372 of the Indian Succession Act before the District Judge, Patna to grant succession certificate to the applicant-appellant Sona Devi stating that there was no legal heir and representative of the deceased husband who died on 13-12-2002.

4. The lea