The Additional District Judge possesses equivalent powers to a District Judge in judicial matters, including granting Probate Certificates, as per the Indian Constitution.

JUDGMENT

Arindam Lodh, J. - Heard Mr. SC Das, learned counsel appearing on behalf of the applicants. None appears for the respondents despite receipt of notice.

1. This is an appeal filed under Section 299 of the Indian SUCCESSION ACT , 1925 read with Section 96 and Order XLI Rule 1 CPC against the judgment and order dated 13.12.2017 passed by the learned Additional District Judge, West Tripura, Sonamura in case No. T.S. (Probate) 01 of 2017.

2. The short question involves in this appeal is that the appellant herein filed an application for granting Probate Certificate in favour of him. The application had been admitted into the court of learned Additional District Judge, Sonamura. Summons were issued to the respondents. They appeared. Issues were framed. Evidences were recorded. Thereafter, having heard learned counsel appearing for the parties, the learned Additional District Judge, Sonamura, dismissed the application on the sole ground that the Additional District Judge has no jurisdiction to grant Probate Certificate and the jurisdiction only lies with the District Judge of the said District.

3. When the judgment was passed, the court of Additional District Judge, Sonamura was within West Tripura Judicial District, and because of the said fact learned Additional District Judge, Sonamura, held that the Additional District Judge has no jurisdiction to entertain the said application for granting Certificate of Probate. In my opinion, the said finding of the learned Additional District Judge is misconceived and not in accordance with law.

4. The District Judge of a Judicial District is the Administrative Head of the said Judicial District in regard to affairs of the courts. The Additional District Judge has all the powers which the District Judge can exercise in discharge of his judicial duties and functions. Moreso, Article 236 of the Constitution of India deals with interpretation clause, which reads as under:

'236. Interpretation- In this Chapter-

(a) the expression 'district judge' includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge;

(b) the expression 'judicial service' means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.'

5. A plain reading of this provision of the Constitution makes it clear that under Indian Constitution the Additional District Judge is equated with that of District Judge in respect of judicial powers and functions.

6. In view of the aforesaid discussion in short, in my considered view, the finding of the learned Additional District Judge, Sonamura that he has no jurisdiction to entertain an application for granting Certificate of Probate is contrary to law. Accordingly, I direct the learned Additional District Judge, Sonamura to admit the application afresh and decide the suit in accordance with law on merit as because he has ample power and jurisdiction to dispose of the matter.

7. Consequently, the judgment and order dated 13.12.2017 passed by the learned Additional District Judge, West Tripura, Sonamura in case No. T.S. (Probate) 01 of 2017 stands set-aside and quashed.

8. With the above observation and direction, the instant appeal stands allowed and disposed.