1987 (11) TMI 396 - HC - Indian Laws

Summary

The High Court of Orissa allowed the revision application by defendants 12 to 14 to be transposed as plaintiffs in a suit for partition after the plaintiff's death, as they were bequeathed the share in the property by the deceased plaintiff in a will that has now been probated. The court held that the executor of a deceased person can prosecute the case without waiting for probate under Section 211 of the Succession Act. The Subordinate Judge's rejection of the application was deemed an error, and the petitioners were directed to be transposed as plaintiffs.