( 1 ) THIS is a revision by the applicants against the order by which their appeal challenging the order of the rejection of their application under Section 372 of the Indian Succession Act, 1925 (hereinafter to be referred to as the Act) has been dismissed.

( 2 ) BOTH the Courts below have taken the view that the Court in which the application under Section 372 of the Act was presented has no territorial jurisdiction to decide the application. After hearing the learned counsel for the petitioners this Court is of the opinion that the view taken by the two Courts below is erroneous and contrary to the provision made in Section 371 of the Act. The case of the applicants was that Motilal Tiwari was working as Section Commander in 11th Battalion at Bhilai. He died in a hospital in Jabalpur. It is clearly mentioned in the letter dated 19-5-2000 (Ex. P-2) of the Commandant, 11th Battalion, Bhilai that Motilal Tiwari was permanent resident of village Marhi, District Satna and he was posted at Bhilai as Section Commander.

( 3 ) SECTION 371 of the Act provides that the District Judge within whose jurisdiction the deceased "ordinarily resided" at the time of his death may gra