JUDGMENT : Misra, J. - One Salegram Misra died on 30-10-1955. The Appellant is his mother and the Respondent is his widow. The contest is whether the mother is an heir with the widow in the Class I of the Schedule to the Hindu Succession Act, 1956. 2. There is hardly anything arguable in this appeal. The death occurred on 30-10-1955 and under the Hindu Law, as it then stood, the widow is the preferential heir and the mother has no claim. The entire assets left by the deceased must therefore devolve upon the widow on the date of death. 3. Before the learned District Judge it was contended on the authority of Lateshwar Jha and Others Vs. Mt. Uma Ojhain and Others, that Section 8 of the Act is retrospective in operation and the mother would jointly inherit with the widow. Section 8 runs thus. "The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter: (a) firstly, upon the heirs, being the relatives specified in class I, of the Schedule; (b) secondly, if there is no heir of class T, then upon the heirs, being relatives specified in class II of the Schedule; (c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and (d) lastly, if there is no agnate, then upon the cognates of the deceased. The language of the statute is clear and the section does not enjoin that it would be retrospective. In Lateshwar Jha and Others Vs. Mt. Uma Ojhain and Others, and Smt. Triveni Devi Vs. Smt. Sharda Devi the contrary view had been taken. The single Judge decision of the Patna High Court was overruled in two subsequent Bench decisions of the Patna High Court reported in Ram Gulam Singh and Others Vs. Palakdhari Singh and Others, and Renuka Bala Chatterji Vs. Aswini Kumar Gupta and Others. AIR 1960 Mys 79 and A.I.R 1963 Mad 50 have also taken the view that Section 8 is not retrospective. The learned District Judge has taken the correct view. 4. In the result, the appeal fails and is dismissed. As there is no appearance for the Respondent, there will be no order for costs. Final Result : Dismissed