NARAM BHOOMI REDDY Vs. NARAM VENKAT REDDY

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of order dated 24 -9 -2012 in I.A.No.1019 of 2010 in O.S.No.283 of 1997 on the file of the learned I Additional Senior Civil Judge, Ranga Reddy District, at L.B. Nagar, Hyderabad.

(2.) THE petitioner filed the above mentioned I.A. before the lower Court for coming on record as the legal representative of the sole plaintiff, who died after obtaining preliminary decree dated 11 -2 -2009 for partition. It is the pleaded case of the petitioner that he is the nephew of the plaintiff who died leaving behind two registered Wills dated 4 -6 -2004 and 12 -3 -2009 bequeathing the properties which are the subject matter of the suit, in his favour. The respondents filed a counter -affidavit wherein they have mainly pleaded that the petitioner has not obtained the Probate of the Wills under the Indian Succession Act, 1925, (for short "the Act") in the absence of which he cannot be impleaded as the legal representative of the deceased plaintiff. The Court below, by the order assailed in this Revision Petition, dismissed the application by accepting the objection of the respondents that the petitioner cannot represent the deceased plaintiff unless he obtained the Probate of the Wills.

(3.) THE Act inter alia deals with Probate of Wills. Two statutory provisions of the Act are relevant for the present purpose. They are Sections 57 and 213. Therefore, it is necessary to consider these provisions, which, to the extent they are relevant, are reproduced herein below :