( 1 ) THIS is an appeal against the order passed by the court below rejecting the application under Sec. 372 on the ground that the court had no jurisdiction to decide the matter. The respondent has put in appearance and has no objection if the appeal is allowed and the succession certificate is granted to the appellant.

( 2 ) THE main ground on which the application has been rejected was that according to the court below it had no jurisdiction in the matter. It has been mentioned that in view of Section 371 of the Indian Succession Act the court of the place where the deceased had ordinarily resided at the time of his death or where the deceased had property only had jurisdiction to try the case under Section 372. The learned counsel for the appellant has filed a certified copy of the application moved under Section 372 of the Act, in para 7 whereof it has been specifically mentioned that the deceased had his immoveable property within the jurisdiction of the court. Section 371 of the Act provides that :"the District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time he had no fixed place of residence, the