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Parmanad vs Om Prakash on 5 May, 2009 cites

Deo Kumar Singh vs Kailash Singh on 29 November, 1960

The learned Single Judge of the Allahabad High Court in Barumal Singh's case also relied upon the subsequent judgment of the Calcutta High Court in S.M. Fatemanesha Begum Vs. Mahadin reported in (1994) 48 Cal. WLN 673 wherein the Division Bench of the Calcutta High Court negated contention and held that on the death of the applicant for grant of succession certificate does not survive on the death of the applicant and the proceedings lapse.
Patna High Court Cites 0 - Cited by 6 - N L Untwalia - Full Document

Sarat Chandra Banerjee vs Nani Mohan Banerjee on 17 May, 1909

So far as the application made by Smt. Vidha is concerned, her right in the property of Padam Prasad came to an end by her death and, as such, in my opinion, no application under Order 22 Rule 3, CPC is maintainable in law In coming to above finding and conclusion the learned Single Judge relied upon the judgment of the Calcutta High Court in the case of Sharat Chandra Banerjee Vs Nani Mohan Banerjee reported in 1909 (3) Indian Cases Page 995 where the Calcutta High Court had taken the view that the right to sue does not survive after the death of the sole executor.
Calcutta High Court Cites 0 - Cited by 28 - Full Document

Hari Bhusan Datta vs Manmatha Nath Datta And Ors. on 25 February, 1918

A similar view had been taken by the Calcutta High Court in the matter of an application for grant of letters of administration which was also relied upon by the learned Single Judge of Allahabad High Court which is in the case of Hari Bhushan Datta Vs. Manmatha Nath Datta reported in AIR 1919 Calcutta 197 wherein the learned Single Judge of the Calcutta High Court held that in the proceedings for the grant of letters of administration, an application for substitution filed by the heir of the deceased applicant does not lie. In view of the above it can be deducted that when legal representatives of the legatees/executors who filed the application do not have any right to seek substitution such heir of the deceased executor can not file the application for the grant of probate when the executor had predeceased the Testator.
Calcutta High Court Cites 3 - Cited by 10 - Full Document
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