BENI PRASAD Vs. MEERA BAI

JUDGEMENT

(1.) THIS revision under Section 115 of the Code of Civil Procedure has been preferred by the applicant who is defendant in the Trial Court against the order dated9. 2. 1995 whereby his objection to the application for substitution filed by non-applicant No. 1-Todan Singh on the basis of a Will alleged to have been executed in his favour by deceased/plaintiff his sister Meera Bai has been rejected.

(2.) PLACING reliance to the provisions of Section 213 of the Indian Succession Act, 1925 and contention advanced before the Trial Court and is now reiterated in this Court is that without obtaining a probate of the Will in the pending suit, the non-applicant No. 1 could not claim substitution.

(3.) THE learned Trial Judge by the order impugned held that the provisions of Section 213 of the Indian Succession Act, 1925 particularly Sub-section (2), Clause (i) read with Section 57, Clauses (a) and (b) of the Act do not prohibit enquiry into an application for substitution under Order 22 of the Code of Civil Procedure on the basis of a Will even without grant of a probate. The Trial Judge placed reliance on a decision cited by him in the case of Jumman Khan v. Sunil Kumar, 1998 (2) M. P. Weekly Notes 11.