Present:  Fisher C.J. and Drieberg J.  1929

WILSON v. EMMANUEL.

189-D. C. Jaffna, 5,408.

Probate-Sealing of foreign probate--Probate issued at Madras- British possessions-British and Colonial Probate Ordinance, No. 7 of 1921, s. 4.

Recognition of probate or letters of administration under section 4 of the British and Colonial Probate Ordinance, No. 7 of 1921, may be obtained with respect to only those granted in British possessions to which the Ordinance is made applicable by proclamation.

The Ordinance does not preclude an application from being made under section 539 (e) of the Civil Procedure Code on a proper exemplification of the foreign probate.

APPEAL from an order of the District Judge of Jaffna.

One A. R. A. R. S. M. Somasunderam Chetty died in Ceylon leaving a large estate. On the footing that he left no will, letters of administration were issued in the District Court of Jaffna to the Secretary of the Court as official administrator. Somasunderam Chetty left as his heirs three sons, who were adjudicated insolvent in Madras. Subsequently a last will purporting to be the will of Somasunderam Chetty was discovered in India, i