( 1 ) THE Revision Petition is against the order allowing the petition to add the respondent herein as the legal representative of the deceased plaintiff under Order 22 Rule 3 C. P. C. The averments in the affidavit in support of the petition are that the sole plaintiff died on 20-4-1980 and she had no issues. The deceased plaintiff executed registered will in favour of the petitioner on 17-2-1977 in sound and disposing state of mind bequeathing all her movable and immovable properties and therefore he is the only heir and legatee to the property of the plaintiff. This petition was resisted on the ground that the alleged will was not executed in sound disposing state of mind and the suit cannot proceed in the absence of production of succession certificate and the petition is not maintainable.

( 2 ) THE court below examined two witnesses and marked Ex. A-1 i. e. , the registered will dated 17-2-1977 and found that Ex. A-l is genuine and the petitioner is the only legatee of the deceased plaintiff and held that the petitioner should be added as a legal representative of the plaintiff.

( 3 ) THE learned counsel for the petitioner contended that unless the will is probated the Petitioner is not competent to represent the estate and therefore he cannot be added as a legal representative of the deceased. The learned counsel for the respondent contended that the proposed legal representative is the sole surviving legal heir to the plaintiff and as such the pr-2, obate of will is not relevant and that the SUCCESSION ACT, 1925 does not apply to the will executed by the Christians and even otherwise it is not necessary to probate the will at this stage as he is seeking to bring himself on record as legal representative for purpose of representation.

( 4 ) THE essence of the contention of the learned counsel for the petitioner is that Sec. 213 of the Indian SUCCESSION ACT, 1925 postulates that the production of the probate of the will is an essential requisite for vindicating the right under the will. As the entire focus is upon Sec. 213 it may be extracted. 213. Right as executor or legatee when established : (1) No right as executor or legatee can be established in any court of justice, unless a Court of competent jurisdiction in India has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed. (2) This section shall not apply in the case of wills made by Muhammadans, and shall only apply (i) in the case of wills made by any Hindu, Budhist, sikh or Jain where such wills are of the classes specified in clauses (a) and (b) of S. 57 ; and (ii) in the case of wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment)Act 1962 where such wills are made within the local limits of the ordinary original civil jurisdiction of the High Courts at Calcutta, madras and Bombay and where such wills are made outside those limits, in so far as they relate to immoveable property situate within those limits.

( 5 ) SECTION 213 is unequivocal and the production of probate of the will or letters of administration is condition precedent for establishing a right under the will. It is profitable to have a glimpse of the other provisions of the Indian SUCCESSION ACT, 1925 which throw light upon the scope and ambit of Sec. 213. Sec. 214 obligates the production of the probate or letter of administration or succession certificate by a person claiming to the effects of the deceased person or to execute the decree passed in favour of the deceased person. Sec. 273 is concerned with the conclusivenets and binding nature of the probate of will and the debtors are afforded full indemnity if debts are paid to the representative pursuant to the probate or letters of administration. Sec. 276 and Sec. 283 relate to the procedural aspect of the grant of probate or letters of administration and it is provided th