The main legal point established in the judgment is the enabling provision of lodging a caveat under the Indian Succession Act to protect the interests of interested parties in proceedings for grant of letters of administration or probate.

P. Subramonian Poti, J.

1. An interesting question of some importance is raised for decision in this case. In response to a citation issued to the respondent in a petition for grant of letters of administration with the Will annexed the respondent appeared in court and after taking time filed his objection. That objection is on record. At that stage the petitioner moved the court praying that the proceedings should be declared non contentious and the application for grant of letters of administration disposed of accordingly. This was objected to by the respondent who had contested the validity of the Will in the objection. The reason for seeking the order of the court that the proceedings were to be treated as non contentious was that, as required by the rules, the respondent had failed to enter a caveat and file an affidavit within 14 days of the entry of the caveat as required by the rules framed by the High Court under the Indian Succession Act. The court below did not agree with this contention and held that notwithstanding the failure to enter caveat the respondent was entitled to contest the proceedings and the proceedings for grant of letters of administration had to be disposed of not as non contentious proceedings. The petitioner in the petition has filed this revision against that order.

2. It may be necessary to refer to the relevant provisions in the Indian Succession Act to appreciate the contentions of the parties in this case. S.264 of the Indian Succession Act, 1925 confers jurisdiction on the District Judge to grant or revoke probates and letters of administration in all cases within his District. S.268 makes the provisions of the Code of Civil Procedure applicable to proceedings of the court of the District Judge in relation to the grant of probate and letters of administration save as otherwise provided in the Act. Of course, this will be to the extent the circumstances of the case permit. An adjudication by a court in a probate application is a proceeding in rem. A probate or letter of administration shall have effect over all the property and estate, movable or immovable of the deceased throughout the State in which the probate is granted. The proviso to S.273 contemplates probate and letters of administration by the High Court which will have, unless otherwise directed by the grant, effect throughout the other States. Such probates granted under the proviso to S.273 are to be notified by the issue of a certificate to certain other courts including each of the other High Courts. S.276 deals with the contents of an application for probate and S.278 deals with the contents of an application for letters of administration. S.284 which is particularly relevant for the purpose of this case deals with the lodging of caveats and the procedure thereon. That section reads:

"284. (1) Caveats against the grant of probate or administration may be lodged with the District Judge or a District Delegate. (2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to the District Judge. (3) Immediately on a caveat being entered with the District Judge, a copy thereof shall be given to the District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place of abode at the time of his death, and to any other Judge or District Delegate to whom it may appear to the District Judge expedient to transit the same. (4) The caveat shall be made as nearly as circumstances admit in the form set forth in Schedule.5".

When once such a caveat has been lodged no proceedings are to be taken on a petition for probate or letters of administration until after notice to the person by whom the same has been entered has been given. This is provided in S.285 of the Act. When the proceedings for probate or letters of administration become contentious that has to take the form of a regular suit according to the Code of Civil Procedure, 1908. The petitioner for probate or letters of