By the Court.—Heard learned Standing Counsel on behalf of the State of U.P. and Sri Rahul Sripat, Advocate on behalf of respondent No. 1. Nobody is present on behalf of other respondents.

2. The facts on record of the present appeal relevant for deciding the matter are as under:

Testamentary Case No. 10 of 1981 in the matter of goods of Late Shri H.C.R. Gomes; Testamentary Case No. 9 of 1982 in the matter of goods of Late G.R.G.R. Gomes connected with Testamentary Suit Nos. 11 of 1982, 12 of 1982 and 13 of 1982 in the matters for goods of Ms. Sheila Dorothy Penn, for Letters of Administration of the wills of her sister Late Mrs. G.M.R. Gomes Ms. Sheila Dorothy Penn, who also sought Letters of Administration of the estate of her surviving brother Late Herold Charles Rutland George Gomes, were instituted before the Hon’ble High Court.

3. The aforesaid testamentary cases were decided under order dated 13.9.1983 and letter of administration was issued in favour of the petitioner Ms. Sheila Dorothy Penn. The order of the learned Single Judge was subjected to challenge by way of Special Appeal No. 15 of 1983, which is stated to have been disposed of vide order dated 10.11.1986. Ms. Penn is stated to have expired. Subsequent to her death Sri Brij Bhushan Paul, an advocate of the Allahabad High Court, applied for and was granted letters of administration of the estate of late Ms. Penn on the basis of a registered will.

4. Surprisingly, after 14 of years of the said order, an application, being Application No. 79013 of 2007, in Testamentary Suit No. 11 of 1982 was filed by one Ashok Tehiliyani under Section 177 and Section 325 of the Indian Succession Act, 1925 read with Chapter XXX Rule 16 of the Allahabad High Court Rules for a direction to the holder of letter of administration Brij Bhushan Paul to execute the necessary deed of sale in favour of the applicant after taking balance consideration of Rs. 9,000/- in pursuance of the agreement to sale dated 8.3.1972, which disclosed the total value of the property Rs. 1 lac, within a reasonable period of time in respect of house No. 22, Hastings Road (Nyay Marg), Allahabad, being part of Nazul Plot No. 2A-10 Civil Station, Allahabad, to enable the applicant to approach the State Government to grant free hold rights to the applicant as per his application filed on 30.1.1999. This application has been allowed vide order dated 29.3.2007.

5. The State of U.P. being aggrieved by the last paragraph of the order dated 29.033.2007 of the learned Single Judge has filed this intra Court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules. It has been contended that entire proceedings initiated under the Application No. 79013 of 2007 are outside the scope of Testamentary Suit No. 11 of 1982 and therefore without jurisdiction. The application had the effect of enlarging the scope of testamentary suit and traveled beyond the relief prayed for in the testamentary suit, which had already been decided in 1983. It is contended that the application is virtually in the nature of a suit for specific performance of the contract and even otherwise bad, as State was not a party to the said proceedings.

6. The last part of the order dated 29.3.2007 reads as follows:

“The application is accordingly allowed. Sri Brij Bhushan Paul the holder of Letters of Administration of Ms. Sheila Dorothy Penn with her will attached, shall execute the sale-deed of the property detailed in the agreement dated 8.3.1972 and more particularly described in the map appended to the judgment in Special Appeal No. 15 of 1983 decided on 10.11.1986 upon receiving Rs. 9,000/-. Since the Court has already adjudicated the rights of Late Dr. Nand Lal Tahiliani and had held that Rs. 91,000/- out of the total sale consideration of Rs. 1,00,000/- was paid by him and that he is in possession thereof since then, the sale-deed will be executed and registered on the sale consideration agreed between the parties under the agreem