Hon’ble Sudhir Agarwal, J.—Heard Sri Sujeet Kumar, learned counsel for appellant and Sri Swapnil Kumar, learned counsel for respondent.

2. This is defendant’s appeal under Section 100 Civil Procedure Code arising from judgment and decree dated 8.5.2007 passed by Additional District Judge, Court No. 6, Agra in Civil Appeal No. 191 arising out of Original Suit No. 503 of 1997.

3. The only substantial question of law on which this appeal was admitted is question (D) which reads as under:

“Whether in view of provisions of Sections 213 and 273 of the Indian Succession Act, 1925 plaintiff could get any relief as she has not obtained or even applied for probate or letter of administration on the basis of will (33Ka) relied upon by her.”

4. At the outset, learned counsel for parties could not dispute that provisions of probate are not at all applicable in State of U.P. and therefore, the aforesaid question has to be answered against appellant.

5. In Mst. Janki Bai v. Durga Prasad, AIR 1938 All 640, Court held that Section 213 of Act, 1925 is no bar and it was not necessary to take out probate of ‘’Will’ of deceased when ‘’Will’ was made after 1.1.1927 and Section 57(C) apply.

6. Co