Dr. T. N. Singh. J.-1. The short question of interpretation of clause (b) of Section 57 of the Indian Succession Act which merited a short and instant answer, unfortunately, required long investigation of the law. Because, it was necessary to be definitive as is contended by the applicant's counsel, Shri N.K. Jain, on the question of interpretation on which little guidance from reported decision of this Court being available. I extract, therefore, not only clause (b) but also clause (a) which has a material bearing on the interpretation of the sister clause:-

"57.-The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply :-

(a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jai., on or after the first day of September, 1870, within the territories which at the said date were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and

(b) to all such wills and codicils made outside those territories and limits so far as relates to immovable property situate within those t