Ayling, J.

[1] In this case the plaintiff (respondent) sued on a promissory note as the assignee of the widow of the promissee. He produced no succession certificate. The Subordinate Judge, gave him a decree directing at the same time that it should not be executed without filing a certificate.

[2] It is argued on behalf of the petitioner (2nd defendant) that the Court had no jurisdiction to pass such a decree in view of Section 4 of the Succession Certificate Act. See also Santaji Khanderao v. Ravji 15 B. 105. I think this contention must prevail. The plaintiff can stand in no better position than his assignor. Vide Karuppasami v. Pichu 15 M. 419 : 2 M.L.J. 116. The decree was illegal. The proper course in such cases is indicated in Manasing v. Ahmad Kunhi 17 M.

14. The plaintiff should be allowed a reasonable time to file succession certificate : failing which his suit would be liable to dismissal.

[3] The decree of the Subordinate Judge is set aside and he is directed to restore the suit to file and dispose of it according to law.