1. Heard both parties.

2. This revision petition has been preferred against the order dated 30-9-1999 passed by the Addl. District Judge X, Patna in Probate Case No.119 of 1992 whereby on the death of executor who filed a probate case, his-son who happens also a legatee of the deceased Will maker had filed a petition for his substitution and to proceed with the probate case has been allowed. On subsequent occasion it is stated at the Bar that a petition had also been filed by the legatee for grant of letters of administration on the basis of the Will.

3. Learned Senior Counsel for and on behalf of the petitioners has challenged the impugned order on the ground that in a probate case which had been filed by an executor, the same cannot be changed to a case of letters of administration and, in that respect he has referred to a Division fiench decision of this Court but it appears from that judgment that S.232 of the Indian Succession Act had never been taken into consideration. In that provision even a probate case being filed before the Will being proved, if the executor dies then the Court can pass an order for letters of administration. Even under that Section no question