AIR 1982 PATNA 208 ::(1982) BLJ 454 ::1982 BLJR 395 ::1982 BBCJ 367

Patna High Court

Hon'ble Judge(s): S. Narain , J

Civil P.C. (5 of 1908) , O.22 R.3— Succession Act (39 of 1925) , S.213— Death of testator, sole plaintiff - Legatee claiming to be legal representative of deceased testator under will - Probate or letter of administration with a copy of will annexed, not granted - Legatee can be impleaded as L.R. of deceased testator. AIR 1942 Cal 571, Dissented from. Universal legatee, upon prima facie proof that he is the legal representative is entitled to be substituted as the legal representative, in place of the deceased testator, whose legal representative he claims to be under the will, even if probate or letters of administration with a copy of the will annexed has not been granted in respect of that will. AIR 1942 Cal 571 Dissented from. Case law discussed.(Para 12) @page-Pat209 If, without the grant of a probate or letters of administration with a copy of the will annexed, a legatee can institute a suit on the death of the testator a legatee can also be substitute as the legal representative and thereby continue the prosecution of the suit instituted by the testator. In permitting him to prosecute the suit as the legal representative of the deceased testator, the court is doing no more than to hold that he is entitled to prosecute the suit on the death of the testator and in place of the testator, whose ....