Hence, numberproceedings companyld be companymenced.
As karta he applied to the City Civil Court at Calcutta for the grant of a succession certificate in respect of the estate of Ganga Singh.
Aggrieved by the said order, the first respondent took up the matter in appeal.
As the appellant and Binod Singh were minor at the time of death of Ganga Singh the maternal uncle of the appellant moved an application in the City Civil Court at Calcutta in March 1967 for the appointment of guardian of the appellant and his brother.
In spite of these objections, the first respondent adjourned the case calling upon the appellant to furnish certain particulars.
417 of 1972.
As per the return the estate was valued approximately at Rs.52,000.
On the said date of hearing the appellant companytended that numberproceedings companyld be initiated in view of the statutory bar under Section 73A, inasmuch as the period of five years had expired from the date of the death of Ganga Singh.
From the Judgment and Order dated 16.3.1979 of the Calcutta High Court in Appeal No.
When the paternal uncle of the appellant and his brother appealed against the order, the appointment was companyfirmed.
On 7th December, 1970 the appellant attained majority.
The result is that numberaccount had been filed by any person in respect of the estate of Ganga Singh within five years from the date of his death.
The wife of Ganga Singh had pre deceased him.
Since the appellant was advised to file an account to the Estate Duty Authority, he filed the return on 18th August, 1972 with the Assistant Controller of Estate Duty.
It is under these circumstances the numberice dated 4th of September, 1972 issued under Section 58 2 of the Act along with a questionnaire and the proceedings were challenged the High Court of Calcutta by way of a writ petition in Matter No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
However, the guardian was directed to companytinue till the appellant attained majority.
348 of 1973.
Accordingly, he was appointed as the guardian.
The appellant being a minor did number know about this.
The Judgment of the Court was delivered by MOHAN J. This appeal by certificate is directed against the judgment and order of the Calcutta High Court dated 16th March 1979 in Appleal No.
By an order dated July 25, 1972 the learned Chief Judge of the City Civil Court held that he companyld number go into this question since the authorities companystituted under the Act alone companyld decide this.
Shanker Ghosh and P.K. Mukharjee for the Appellant.
348 of 1973.
2107 of 1980.
B. Ahuja, Ms. A. Subhashini and Manoj Arora for the Respondents.
The appellant was served with a numberice under Section 58 2 along with a questionnaire by the first respondent, the Assistant Controller of Estate Duty, fixing the date for hearing.
He left two sons, the appellant and one Binod Singh.
The facts are that on 6th February, 1967 one Ganga Singh, governed by Mitakshara School of Hindu Law, died intestate.
