JUDGMENT

Remfry, J. - The Secretary of State for India in Council applied for an order to set aside an order made by a Judge of this Court on 22nd May 1930. It appears that the suit arose out of a petition for the grant of letters of administration, and the learned Judge made an order for the issue of a succession certificate in respect of a part of the estate.

2. That order was made with the consent of the parties to the suit.

3. The Secretary of State applies to set aside that order because no notice of the filing of the cause was received by him and no opportunity to appear was afforded to him,

4. In the petition it is contended that notice ought to have been given to the Secretary of State and that the order is wrong because: (1) Section 2, Succession Act, 1929, does not empower this Court to grant succession certificates; and (2) the proper procedure was not adopted.

5. It is argued that the Secretary of State is a proper, if not a necessary, party under Order 1, Rule 10, Civil P.C., and that as the order made by Buckland, J., was not drawn up, this is a stage in the proceedings; and that the Advocate-General is entitled to appear in any case as of right, or as amicus curiae.

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