This Notice of Motion has been taken out plaintiff in Suit No. 75 of 2005. Petition No. 378 of 2005 has been filed by the present plaintiff Rupali Mehta praying for grant of letters of administration the Will annexed. The letters of administration with are sought in relation to estate the left behind by Captain Narindersain Bhimsain Mehta, who expired on 22nd December, 2004. The Defendant Tina Narinder Sain Mehta had filed a caveat and therefore the petition was converted into Testamentary Suit No. 75 of 2005

2. The plaintiff has taken out this Notice of Motion seeking an order for appointment of the receiver as also seeking interim orders in relation property which according to the plaintiff is left behind by the deceased.

3. An objection has been raised on behalf of the Defendant maintainability of this Notice of Motion seeking interim orders in relation property which according to the plaintiff is left behind by the deceased ground that in a petition filed for letters of administration with Will attach a petition for grant of probate, title of the deceased to the property or pro left behind by the deceased is not the subject-matter of the suit and there. Court does not have power and jurisdiction to make interim orders in relation the property.

4. I have heard the learned Counsel appearing for both sides in de this question. According to the plaintiff, in terms of the provisions of section of the Indian Succession Act to the proceedings for grant of probate and letters administration, the provisions of the Code of Civil Procedure is application therefore, according to the learned Counsel section 141 of the Civil Procedure Code applies and therefore this Court has the jurisdiction to make interim in relation to the property which according to the plaintiff is left behind: deceased. The learned counsel has relied on several decisions of different high Courts, even of this Court, to contend that the provisions of section 141of the Civil Procedure Code apply to a testamentary suit. The learned Council also referred to several orders made by this Court granting interim or; testamentary suits in relation to the properties. The learned Counsel also relied a judgment of the learned single Judge of the Calcutta High Court in the Priyamvada Devi Sir/a vs. Laxmi Devi Newar and anr, 2005(4) CHN 544

5. Perusal of the preamble of the Indian Succession Act, 1925 show that the Act has been enacted to consolidate the law applicable to intestate testamentary succession. The Act has been divided into several parts and each parts has been divided into several chapters. Part-I of the Act deals with short title and contains the dictionary of the Act i.e. definitions of various words in the Act and power of the State Government to exempt any race or tri the operation of the Act. Part-II deals with Domicile. Part-II deals with Part-IV deals with Consanguinity. Part-V deals with Intestate Succession VI deals with Testamentary Succession. Perusal of section 57 of the Act shows that this Part-VI deals with testamentary succession of Hindu, Buddhist, Sick or Jaina on or after the first day of September, 1870 within the territories the said date were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Court Judicature at Madras and Bombay. Part-VII deals with Protection of property Deceased person. Part-VIII deals with Representative Title to property Deceased on section and Part –IX deals with grant of probate. Letters of Administrative and Administrative of Assets of Deceased. Part-IX is divided in chapters. Perusal of Part-IX shows that it begins with section 217. Section 217 reads as under :_

217. Applicant of Part. - Save as otherwise provided by this Act or by any other law for the time being in force, all grants of probate and letters of administration with the Will annexed and the administration of th