GUMAN MAL LODHA, J.—This revision petition has raised new dimension and controversy about the constitutional validity of section 213 sub clause (2) and Section 57 (a) and (b) of the Hindu Succession Act.

2. So far as the present case is concerned, this revision petition is directed against the order deciding the issue regarding requirement of obtaining of probate for a will against the plaintiff. The lower court observed that unless a probate is obtained the suit cannot proceed on the basis of the will.

3. The petitioners counsel submits that this is directly against series of judgment of this court. The last one is Mst. Jadav vs. Ram Swarup (1) and the earliest being Bai Kishan Vs. Prabha (2). The earlier decision of Bai Kishan Vs. Prabha (supra) was based on Marwar Succession Act which stood repealed after formation of Rajasthan. Para 5 of Mst. Jadav Vs. Ram Swaroop (supra) judgment reads as under:-

"A perusal of cl. (a) and (b) of the said section will that clause (a) relates to these wills and codicils which are made by any Hindu, Buddhist, Sikh or Jain on or after the first day of Sep., 1870 within the territories which at the said date were subject to Lieutenant-Governor of Beng

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