LETTERS OF ADMINISTRATION GRANTED BY A COMPETENT COURT ON THE BASIS OF A WILL ARE JUDGEMENTS IN REM AND ARE BINDING ON THE WHOLE WORLD.

1. This is a revision petition against the order of the Subordinate Judge, Jullundur, dated February 20, 1979.

2. Kuldip Singh plaintiff instituted a suit for declaration to the effect that he was the owner of the property in dispute as a sole heir of Ram Kishan Singh, his father, and the mutation No. 2447 sanctioned on May 16, 1975, in the name of the defendant on the basis of an alleged will by his father is illegal, null, void and inoperative against him. The case of the plaintiff is that after the death of his father Ram Kishan Singh, he became owner of the property in dispute, being his legal heir. He averred that the defendant got the mutation sanctioned on May 16, 1975 on the basis of will dated September 11, 1973, alleged to have been executed by Ram Kishan Singh in his favour. The defendant inter alia pleaded that Ram Kishan Singh executed a valid will in his favour and he obtained letters of administration from the High Court of Justice at Birmingham on the basis of that will on Aug. 9, 1977(?) which operated as res judicata between the parties. One of the issues framed by the Court was as follows :-

"Whether the order dated August 9, 1977 gassed by the High Court of Justice at Birmingham operates as res judicata between the parties ?"

The said issue was treated as a preliminary issue. The Court held that the order of the High Court at Birmingham does not operate as res judicata and consequently decided the issue against the defendant. He has come up revision to this Court.

3. It is contended by the learned counsel for the petitioner that the judgement of a Probate Court is a judgement in rem and is binding on the whole world in addition to the parties. According to the counsel, the letters of administration were applied for by the petitioner on the basis of the will and the Court pronounced that the will had been properly executed He argues that the plaintiff cannot challenge it in a suit and say that the will was not properly executed. It is also submitted by him that if he wants to challenge the execution of the will, he can do so before the High Court of Justice at Birmingham.

4. I have heard the learned counsel for the parties at a considerable length. It is well settled that the judgements of Probate Courts are judgements in rem and these are binding on all persons whether they are parties to those proceedings or not, whereas the Judgements of the Civil Courts are judgements in personam land bind the parties to the suit only. Letters of administration granted on the basis of a will attached, by a competent court is a judgement in rem regarding execution of the will and it binds the world at large. In this regard, reference may be made to Surinder Kumar V/s. Gian Chand, AIR 1957 SC 875, wherein it was held that the judgement of a Probate Court granting probate of a will in favour of the petitioner is presumed to have been obtained in accordance with the procedure prescribed by law and it is a judgement in rem. judgements in rem as already observed above, are judgements binding on the whole world. A reference may also be made to Blackwood and Sons Ltd. V/s. A.N. Parasuraman, AIR 1959 Mad 410, where it was held as follows :-

"S.213 of the Succession Act, however, would certainly not apply to a case where under the provisions of the Indian Succession Act, a person who asserts his rights as a legatee or as an executor is disabled by law from obtaining a probate from any court in India. This Section is primarily concerned with wills of Indian Nationals and those executed in India. Section 228 of the Succession Act enables the granting of an ancillary probate in the case of foreigners. It stands to reason that S.213 of the Succession Act cannot be construed as insisting on the production of a probate which no court in India is competent to grant in regard to a will for which probate has been granted by a foreign Court of competent jurisdiction. The foreign probate would be sufficient proof of title of the lega