either an executor or a
legatee under a Will is in issue, such right can be
established only where probate (where an executor ... does
not come in the way of an executor or legatee being so
substituted in place of the deceased plaintiff, even
though at the stage
hereby for myself, my heirs, executors, and administrators ratify and confirm whatsoever my said Attorney or any substitute acting under him shall do or purport
India, now defunct, was constituted his executor and trustee. The Imperial Bank of India was duly substituted in the record of these proceedings
present testator. Chapter II opens with Section 4 which enacts that the executor is "the legal representative for all purposes," and that ... taken out and the executor exempted by the Court from the necessity of obtaining such consent. The present section was substituted by the amending
representative applied to have her name substituted for his, and to have the petition for probate amended by substituting a prayer for letters of administration ... legal representative of the deceased executor was not on record and had sought to be brought on record by substitution.
7. In the case
said Pronob Kumar Lall Singha as executor of the said unprobated will has actually made an application for substitution in Income-tax Reference ... could be taken, and that no machinery existed whereby the executor could be substituted for the assessee in the reference. The same question came before
Vendors and co-owners, his or her heirs or executors shall be entitled to be substituted as tenants in their place in accordance and compliance
executor having ceased to have
that capacity, it was observed
that functions of the Executor
were not over in the present case.
The Executor ... sufficient grounds
justifying removal of an executor, acting in dual
capacity as executor and the trustee. Continuance of
substituted trustees is inter-connected to finding
Naranarayan Gooptu, the defendants Nos.3 and 4 as his executors.
The said executors, however, did not accept the rent from the plaintiff in terms ... herein), the Executors appointed under the Will of the said Dhruba did not make
any application for substitution of their names in place and stead
Khaitan, Adv.
: Mr. Pratik Mukhopadhyay, Adv.
For one of the executor : Mr. K. N. Mukherjee, Adv.
Heard ... after his death his legal heirs were
substituted in the place of the said deceased executor and the said proceeding
was converted into a proceeding
