Letchiman V. Murugappa Chettiar

1936  Present : Moseley J. and Fernando A. J.

LETCHIMAN v. MURUGAPPA CHETTIAR.

72-D. C. Colombo, 6,741 (Testy).

Administration-Application on a copy of last will-proof of copy-Civil Procedure Code, s. 539 (c)-Evidence Ordinance, s. 63.

Where application is made for letters of administration with the copy of a will annexed under section 539 (c) of the Civil Procedure Code, the document produced must be proved in accordance with the terms of section 63 of the Evidence Ordinance.

APPEAL from an order of the District Judge of Colombo.

H. V. Perera (with him Kumarakulasingham), for appellant.

C. Thiagalingam (with him Nadesan), for defendant, respondent.

Cur. adv. vult.

November 24, 1936. FERNANDO A. J.-

The petitioner applied as attorney of the widow of the deceased Narayan Chetty for letters of administration with copy of a will annexed, on the footing that the will had been executed by the deceased, Narayan Chetty.  The application was opposed by the fifth respondent, the present appellant, on various grounds.

Along with his petition, the petitioner fled the document marked X 7 which purports to be a copy issued by the Sub

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