1. Briefly stated that the facts material for the disposal of this revision application are these:-

"The applicant and the non-applicants are brothers and sister. The applicant has filed a suit against the non-applicants for rendition of certain accounts in respect of some movable in which the applicant claims 1/4 share under the will said to have been executed by his deceased-father. The claim was resisted inter-alia on the ground that the plaintiff could not sue on the basis of the will unless he obtains a probate of the will as required by the Indian Succession Act. The learned trial Judge, which tried this question as the preliminary issue, took the view that without a probate being obtained, the plaintiff's suit was not maintainable. There was also another issue which was also tried as a preliminary issue but the same was answered in favour of the plaintiff."

2. According to the provisions of section 213 of the Act, no right as executor or legatee can be established in any Court of Justice unless a Probate has been granted in India of the will of which the right is claimed. In sub-section (2) of section 213 of the Act however an exception has been made to the effect