JUDGMENT

Sale, J. - This is an application for letters of administration to the property and effects of the late Sewnarain Mohata. The deceased came from Bikanirin the territories of the Maharajah of Bikanir. He carried on business as a dealer in piece goods, and died in June 1893, leaving a widow and two sons, Sreekissen, the present applicant, and Gopeekissen. In July 1893 letters of administration to the property and credits of the deceased were granted to his widow during the minority of his infant sons. The widow has recently died, and now Sreekissen Mohata, the elder of the two sons, applies for letters of administration to his father's estate, which in British India consists of a business in piece goods which had been carried on by the deceased in his lifetime and by the widow after his death. The applicant says he is a little over the age of sixteen years, and that according to the law of his own country he has attained the age of majority. It appears from the verified petition of the mother, filed by her when she was applying for letters of administration, that a statement was made as to the age of Sreekissen, which I think sufficiently supports his allegation that he is now over the age of sixteen years : and for the purposes of the present application I will assume that, according to the laws of Bikanir, a person attains his majority at the age of sixteen years.

2. The question is whether, under the Probate and Administration Act, the applicant, being a major according to the law of his own country, is notwithstanding that he is still under the age of 18 years, entitled to an order for letters of administration.

3. Section 3 of the Probate and Administration Act states that "' minor' means any person subject to the Indian Majority Act, 1875, who has not attained his majority within the meaning of that Act, and any other person who has not completed his age of eighteen years; and 'minority' means the status of any such person."

4. Section 13 of the Act provides that "letters of administration cannot be granted to any person who is a minor."

5. Turning to the Indian Majority Act, which is specifically referred to in the Probate and Administration Act, we find it stated in the preamble that the Act is intended to apply to persons domiciled in British India, and the preamble proceeds: "It is expedient to prolong the period of non-age, and to attain more uniformity and certainty respecting the age of majority than now exists." Then in Section 3, after providing for the case of certain persons as to whom guardians may have been appointed and fixing the age of majority for such persons, it proceeds; "Subject as aforesaid, every other person domiciled in British India shall be deemed to have completed his majority when he shall have completed his age of eighteen years and not before."

6. The classification therefore adopted by the Probate and Administration Act, so far as the provisions relating to the age of majority are concerned, comprises first all that class of persons to whom the Majority Act applies, that is to say, persons who are domiciled in British India; and, next, the class consisting of "any other persons who have not completed the age of eighteen years." Obviously, therefore, if the classification is to be of an intelligible character, the words "any other person" must mean any other person not domiciled in British India, and therefore must include persons whether they be aliens or foreigners. If that be so, then the effect of Section 3 as regards aliens is to provide that, when under the provisions of the Probate and Administration Act they seek the authority of the British Court for the purpose of dealing with property in British India, they must, before they can obtain such authority, be of the age of eighteen years. It was contended by Mr. Pugh that it must be taken that the Legislature, in fixing the age of disability under the Probate and Administration Act, must be taken to refer only to the case of persons