T.ALI Vs. JACOB THOMAS

JUDGEMENT

(1.) THE plaintiff in a suit for realisation of money died after the evidence commenced. His son was impleaded as the additional plaintiff on the basis of an alleged Will. The evidence on the side of the plaintiff is over. The defendant thereafter filed an application to stay further proceedings in the suit. The defendant contended that the additional plaintiff should either probate the Will or produce letters of administration or a succession certificate. The application for stay of the suit filed by the defendant has been dismissed by the court below by the order impugned.

(2.) NO doubt Section 213(2) of the Indian Succession Act has been amended by Act 26 of 2002. This is in tune with the Indian Succession (Kerala Amendment) Act, 1986. The necessity for an Indian Christian to probate a Will no longer exists. But then Section 214 of the Indian Succession Act is independent of Section 213 of the Indian Succession Act.

(3.) I however clarify that the suit can proceed and the parties are at liberty to adduce evidence. But the additional plaintiff has to necessarily comply with Section 214 of the Indian Succession Act before the decree is passed. The court below shall grant a breathing time to the additional plaintiff to probate the Will or to produce the succession certificate or letters of administration. No further clarification is necessary and the original petition is disposed of.