Applications for probate or letters of administration under the Indian Succession Act, 1925, are not suits within the meaning of the Code of Civil Procedure, and civil courts do not have jurisdiction to grant probate or letters of administration.

( 1 ) SMT. Lakshmi Devi has filed this petition for grant of letters of administration to her in respect of the estate of the deceased Lal Bahadur Singh on the allegation that she is widow of Lal bahadur Singh who expired on 20. 8. 1996 leaving behind her and Rajendra Singh, his son. Lal bahadur Singh was having illicit relationship with one Lata Singh who was a teacher in the institution where the deceased was Principal and out of this relationship one son, namely, Amit kumar Singh and one daughter, namely, Km. Vijai Shri Singh were born. Lata Singh filed a caveat. She alleged that Lakshmi Devi is not widow of Lal Bahadur Singh but, in fact, she is wife of one Hanuman Prasad and the caveator was legally married to Lal Bahadur Singh. He died leaving behind him, his only son Amit Kumar Singh. The deceased had executed a Will on 11. 10. 1995 whereby he bequeathed all his properties, both moveable and immovable, to his son amit Kumar Singh.

( 2 ) ON the pleadings of the parties, six issues were framed on 2. 4. 1998 by this Court. The defendant filed an application for amendment of her written statement alleging that she had filed original suit No. 480 of 1997 on 9. 5. 1997. Lata Singh and Km. Vijai Shri Singh v. Sanyukt sanchalak, Zila Vidyalaya Nideshalaya and Smt. Dhanpatia alias Smt. Lakshmi Devi for injunction in the Court of Civil Judge (Jr. Division) II Allahabad, restraining the defendant from receiving the emoluments of Late Lal Bahadur Singh and she further filed Succession Case No. 285 of 1997, Smt. Lata Singh v. Km. Vijai SM Singh and others on 10. 5. 1097 claiming succession certificate in the Court of Civil Judge (Jr. Division) II Allahabad and both the suits having been filed earlier in time than the Testamentary Suit filed by Smt. Lakshmi Devi and, as such, the present proceedings for grant of letters of administration to the plaintiff be stayed under section 10 of the Code of Civil Procedure. This amendment application was allowed by this court and following additional issue was framed :

"whether the proceedings of the present suit are liable to be stayed under Section 10, C. P. C. ?"

It was further directed that this issue be decided as preliminary issue.

( 3 ) I have heard Shri J. Nagar, learned counsel for the plaintiff and Sri Gopal Das Sinha, learned counsel for the defendant.

( 4 ) LEARNED counsel for the defendant urged that the defendant No. I had filed suit No. 480 of 1997 for injunction against Lakshmi Devi on 9. 4. 1997 on the allegation that Smt. Lakshmi Devi is not widow of deceased Late Lal Bahadur Singh who was Principal of an Institution. After his death Lata Singh and Smt. Lakshmi Devi both claimed beore the Joint Director of Education, allahabad, family pension etc. The Joint Director of Education Allahabad in pursuance of the direction given by this Court in Writ Petition No. 28647 of 1997 to decide the representation of the petitioner, passed an order holding that Smt. Lakshmi Devi is legally wedded wife of the deceased Lal Bahadur Singh and she is entitled to the amount claimed by her. Smt. Lata Singh in the suit filed by her prayed for permanent injunction restraining Lakshmi Devi from receiving the amount of family pensions etc. She also filed the Succession Case No. 285 of 1997 on 16. 5. 1997 claiming the right of succession on the basis that she is widow of Late Lal Bahadur singh. She also stated that Lal Bahadur Singh had nominated her to receive Provident Fund, the arrears of salary and pension, etc. The Testamentary case was filed by Smt. Lakshmi Devi on 12. 8. 1997. It is urged that this petition having been filed subsequent to the filing of the suit by the defendant in the civil court, the person proceedings are liable to be stayed.

( 5 ) THERE are two basic objections against the claim of the defendant for the stay of this testamentary suit. Firstly. Testamentary proceedings are not suit in a regular civil court and secondly, letters of administration cannot be grante