Section 302 of the Indian Succession Act empowers the High Court to give directions to an executor or administrator regarding the estate or its administration, but only in the context of an administration suit. The directions under Section 302 are limited to matters relating to the administration of the estate and do not extend to disputed points of law or fact, construction of instruments, or determination of rights of parties.

ORDER : - This is an application for directions purporting to be under S.302 of the Indian Succession Act.

2. The facts are: One K.G. Krishnaswami Ayyar had three fixed deposits and a savings bank deposit amounting to Rs.1842 in the Attur Co-operative Society, Salem District. This Krishnaswami Ayyar died on 4-3-1943 surviving him his widow Meenakshi Ammal. One S. Ramamurthi, applicant herein, alleging that he was the sisters son of this Meenakshi Ammal filed an application for probate in regard to the will said to have been executed by Meenakshi Ammal on 5-7-1953 on the foot that he is to be construed as executor by implication. The only asset which this Meenakshi Ammal is said to have bequeathed is the aforesaid deposits standing in the name of her husband. In those proceedings no notice had been taken to the relatives of Krishnaswami Ayyar or publication made in Salem district. Probate was granted in O.P.42 of 1954.

Thereupon this Ramamurthi has been dunning the Co-operative Society to pay him the sum of Rs.1842. The Co-operative Society has been insisting that this Ramamurthi should produce a succession certificate to the estate of the deceased Krishnaswami Ayyar as the Society is not aware of the fact whether the deceased Meenakshi Ammal had any rights to leave a will, for it may be that Krishnaswami Ayyar might have some brothers of his who may be entitled to the property on the demise of the widow who had only a life interest in the property. The Society being a registered body doing the work of banking claimed to be protected by the production of a succession certificate.

In these circumstances this application has been filed purporting to be under S.302 of the Indian Succession Act for directing the Co-operative Society to deposit the amount into Court. This application is opposed by the Society on the grounds set out above.

3. The short point for determination is whether this application lies at all under S.302 of the Succession Act. S.302 runs as follows:

"Where probate or letters of administration in respect of any estate has or have been granted under this Act, the High Court may, on application made to it, give to the executor or administrator any general or special directions in regard to the estate or in regard to the administration thereof".

4. This section corresponds to S.87-B of Act V of 1881 and S.264 (B) of Act 1865. It appears from the provisions of Act V of 1902, S.5, subsection (2), that the High Court may give directions to any private executor or administrator other than the Administrator-General acting officially. This provision has been recently repealed and transferred to the Indian Succession Act as S.264B by Act XVII of 1919.

5. The High Court alone has power under this section similar to that which Courts have under S.34 of the Trusts Act in respect of trustees to give directions to the administrator in regard to the estate or the administration thereof which the Court of Chancery in England has under O.55 R.3 of the Rules of the Supreme Court 1883: - Afsar v. Ram Bakht, AIR 1945 Oudh 82 (A). The District Judge has no power to give such directions to the executor or administrator once the probate and the letters of administration have been granted. - Mina Winsor v. E. Winsor, AIR 1920 Bom 19 (B). The exercise of this power by the High Court is discretionary and the High Court should not exercise the discretion in complicated matters of fact and law. - Arya Priti Nidhi Sabha v. Om Prakash, AIR 1934 Lah 120 (C); - Sudhansu Mohan v. Harish Chandra, AIR 1940 Pat 194 (D); - In re Mrs. Eliza Martin, AIR 1935 Cal 511 (E).

6. Order 55, R.3, is set out in Williams on The Law of Executors and Administrators (13th Edition), Vol. II, at page 1131. Under O.55, R.3, personal representatives or any of them, creditors, devisees, legatees or next-of-kin or persons claiming through such creditors, or beneficiaries by assignment or otherwise may apply to the court by originating summons for the determination, wit