Ramachandra Iyer, C.J.

This appeal which arises out of an order returning an application for probate of a will, for presentation to the proper Court has been placed before the Full Bench, by reason of a conflict between the decisions reported in Karthiruma Goundan v. Rangammal1 and P. J. Francis v. P. J. Varghese2. The facts relevant for and giving rise to this appeal are: The appellant claiming as an executor under an alleged will of one P. W. Subbaraya Reddiar who dird on 1st July, 1957 first applied for the" grant of probate of the will in the Sub-Court at Tirunelveli. The application was opposed by the daughter of the deceased who contested the genuineness of the will and who inter alia denied the jurisdiction of the Sub-Court to dispose of a contentious application for probate. To appreciate the latter objection it is necessary to refer to two notifications conferring jurisdiction on the Sub-Court to grant probate of a will. They are: (1) By virtue of a notification made by this Court under section 265 of the Indian Succession Act, 1925 all Subordinate Judges in the Madras Province have been appointed as ex officio District Delegates under that enactment within the local limits

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