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ARUN KUMAR JHA
Sanjay Tribedi @ Munna Tribedi – Appellant
Versus
Kanti Devi – Respondent
Arun Kumar Jha, J.—The instant petition has been filed under Article 227 of the Constitution of India for quashing the order dated 25.01.2022 passed by the learned Additional District Judge-X, Aurangabad in Probate Case No. 8/2012 / 15/2021, whereby and whereunder the learned trial court allowed the application dated 29.01.2021 filed by the respondents for substitution in place of probate petitioner, Ramji Mishra, and transposed the name of one of the opposite parties/respondents as plaintiff/petitioner.
2. Briefly stated, the facts of the case, as it appears from the record, are that one Ramji Mishra filed a Letters of Administration/Probate Case No. 08 of 2012 for probate of an unregistered Will making his son Bipul Kumar as one of the opposite parties/respondents. The petitioner, coming to know about the said probate case, filed his objection and also sought his impleadment on 18.12.2012, claiming that the land in question was under his possession. The petition of the objector was allowed and he was made one of the defendants. During pendency of the aforesaid probate case, the plaintiff/petitioner, Ramji Mishra, died and an application under Section 151 of the Code of Civil Proce
An executor derives legal authority from a Will upon the testator's death, allowing a substituted plaintiff with vested interests under the Will to pursue litigation, regardless of the pending probat....
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
Legal representatives of deceased parties can seek substitution; amendments to pleadings are permitted to promote effective adjudication and safeguard substantive rights over rigid procedural complia....
The executor of a will assumes rights immediately upon the testator's death, regardless of probate status, and substitution claims in court require clear acceptance of that executor role.
A proceeding for grant of Letters of Administration under Section 278 of the Indian Succession Act can continue despite the death of executors, as the provisions governing probate do not apply.
The executor holds immediate legal rights over property upon the testator's death, allowing for substitution in court without requiring probate to be granted first.
The executor of a will becomes the legal representative and can represent the estate without needing probate, affirming the distinction between rights conferred and probate necessity.
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