JUDGMENT :

JAYANT BANERJI, J.

1. The aforesaid petition has been filed with the following prayer:

“(i) issue any order or direction to the Court of Addl. District Judge-16, Kanpur Nagar to decide the letter of Administration Case No. 154/70/2013 (Dr. A.M. Chaudhary and Others vs. State of U.P. and Others) finally, within the time fixed by this Hon'ble Court.

(ii) issue any other suitable order or direction which the Hon’ble Court may deem fit and proper under the facts and circumstances of the case.

(iii) to award costs of the petition to the petitioners.”

2. Annexure-3 to the petition is a certified copy of a petition for letters of administration under Section 278 of the Indian Succession Act, 1925 [Succession Act] filed by the three petitioners seeking grant of letters of administration of a Will dated 13.12.1997 executed by Shri Rajendra Shankar Chaudhary and the Will dated 08.04.1999 of Smt. Sarla Chaudhary, which Wills are stated to be attached to that petition. That petition came to be numbered as Letter of Administration Case No. 154/70 of 2013.

3. It is contended by the learned counsel for the petitioners that the aforestated petition for grant of letters of administration is pending in the district court since a long time but is not being decided.

4. While exercising jurisdiction under Article 227 of the Constitution of India, before considering the prayer for grant of such direction as sought for in this petition, it is required to be seen whether (a) a letters of administration with Will annexed can be granted to several individuals for administering the estate of a deceased person, and, whether (b) a single application for grant of letters of administration with two Wills annexed executed by two testators, respectively, would be maintainable in view of the provisions of the Succession Act.

5. In this regard, the learned counsel for the petitioners has submitted that there is no bar under the Succession Act for filing of a single application for grant of letters of administration in respect of two different Wills. He also referred to the provisions of Order 2 Rule 3 of the CPC to contend that the petitioners in the same suit may unite several causes of action against the defendants. It is contented that therefore, applying for Letter of Administration by the petitioners with two wills annexed would be permissible. Learned counsel has relied upon paragraph nos. 36 and 37 of the judgment in Shivnarayan vs. Maniklal and Others, (2020) 11 SCC 629.

However, before adverting to the contentions raised by the learned counsel for the petitioners, it would be appropriate to refer to the certain provisions of the Succession Act and definitions of certain terms.

6. The term “letters of administration” is not defined under the Succession Act. However, in Section 2, the terms “administrator” or “executor” and “probate” are defined in clauses (a), (c) and (f) thereof respectively, which are as follows:

“(a) “administrator” means a person appointed by competent authority to administer the estate of a deceased person when there is no executor.

(c) “executor” means a person to whom the execution of the last Will of a deceased person is, by the testator's appointment, confided.

(f) “probate” means the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator.”

7. The Black's Law Dictionary (Ninth Edition) defines the following terms as under:

“estate” - The property that one leaves after death; the collective assets and liabilities of a dead person.

“legatee” - One who is named in a will to take personal property; one who has received a legacy or bequest.

“residuary legatee” - A person designated to receive the residue of a decedent's estate.

“universal legatee” - A residuary legatee that receives the entire residuary estate.

“letters” - Wills and Estates. A court order giving official authority to a fiduciary to conduct appointed tasks.

“letters of administration” - A formal