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TMI Blog1914 (1) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... d for Letters of Administration to his estate. Thereafter Chamat Karini made an application for probate of a Will alleged to have been executed in her favour by her father. There were thus two counter-cases before the Court and the question of the genuineness and validity of the Will had to be determined in the first instance. Before the cases came on for trial, the appellant, Nirodbarani, who had asked for Letters of Administration, applied to the Court for an injunction to restrain her sister from alienating the properties of which she was in possession. The Court refused the injunction on the ground that rule 1 of Order XXXIX of the Code of Civil Procedure had no application to a proceeding for Letters of Administration under the Probate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E.R. 313 : 43 R.R. 149 and Rendall v. Rendall (1841) 1 Hare 152 : 11 L.J. Ch. 66 Eng. Rep. 986 in which Receivers were appointed during the pendency of Probate proceedings, and Nicholas v. Dracachis (1875) 1 P.D. 72 : 45 L.J.P. 45 : 24 W.R. 461 and In the goods, of Moore (1888) 13 P.D. 36 : 57 L.J.P. 37 : 58 L.T. 386 : 36 W.R. 576 : 52 J.P. 200 where injunctions were granted during the pendency of a Probate proceeding. Our attention has not been invited to any case in the Indian Courts in which an injunction has been granted under circumstances similar to those of the case before us. 3. The decision of the question raised must depend primarily upon the terms of Order XXXIX, rule 1, of the Code of Civil Procedure, assuming that the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is property in dispute. The circumstance that in England an injunction has been granted in a Probate proceeding is of no assistance to the appellant, because the terms of section 25, sub-section 8, of the Judicature Act of 1873 are wider than the language used by the Legislature in this country in rule 1 of Order XXXIX. We are clearly of opinion that the application made to the Court below by the present appellant was misconceived. 4. But we do not lay down the proposition that the Court is not competent, because it is a Court of Probate, to grant an injunction in any circumstances. In England, injunctions have been granted in cases of this description under rule 3 of Order 50 of the Rules of the Supreme Court. There is a corresponding pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n England, Receivers are appointed in the course of Probate proceedings in respect of immoveable properties, while Administrators pendente lite are appointed in respect of moveable properties of the deceased. In this country the Legislature has made a single provision by which an Administrator pendente lite appointed under section 34 takes charge of the entire estate of the deceased. When an application has been made under section 34, it may be necessary for the Court to grant an injunction either in the exercise of its inherent power or under rule 7 of Order XXXIX of the Code. For instance, it may be brought to the notice of the Court that a party in possession is about to deal with the moveable properties, and unless an injunction is gran ..... X X X X Extracts X X X X X X X X Extracts X X X X
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