JUDGMENT :

ANIL R. DAVE, J.

1. The issue involved in this appeal is whether upon death of the executor, during the pendency of testamentary suit proceedings, the proceedings abate.

2. In the instant case, during the pendency of the testamentary suit proceedings before the Original side of the High Court (in exercise of its testamentary and intestate jurisdiction), the executor of the Will expired. In these circumstances, the respondent, as a sole legatee, applied for grant of letter of administration with regard to the Will alleged to have been executed on 4th January, 2001 by the mother of the respondent herein. The respondent also sought an amendment to the plaint as well as to the petition in the said proceedings. The aforesaid prayer was opposed by the appellant on the ground that on death of the executor, the entire proceedings abated and it could not be continued. The said submission put forth by the appellant was not accepted by the learned Single Judge of the High Court exercising testamentary & intestate jurisdiction vide order dated 16th August, 2010.

3. In the circumstances, the proceedings were converted into the proceedings for getting the letter of administration. Being a