DAS, J.

( 1 ) THIS is an application in revision by the defendant against the decision of the small Cause Court Judge, Cuttack, holding on a preliminary issue that the widow-plaintiff is entitled to bring the suit along with other plaintiffs, and accordingly the suit is maintainable. The plaintiff's suit is based upon a pro-note executed in favour of one deceased Saratha Sahu who is the husband of plaintiff 2 and father of plaintiff 1 and uncle of plaintiff 3. The dclence of the defendant-petitioner was that the suit by the widow-plaintiff is not maintainable in the absence of a succession certificate as provided under section 214 of the Indian Succession Act. The learned Small Cause Court Judge held relying upon a decision of this Court reported in Ganga-dhar Raut v. Subhashiiri Bewa, (S) AIR 1955 Orissa 135 (A), to the effect that the devolution ol an estate on the Hindu widow under Section 3 (2) of the Hindu Women's Rights to property Act is neither by survivorship, nor by inheritance, but is a special right created in favour of the widow by the special Statute. In that decision of this court, their Lordships did not follow the view of the Patna High Court reported in kedar Nat