Punjab (2004) 7 SCC 505.
The right of an executor to get himself substituted in a pending proceeding has been
considered in Anjali Mullick ... view of the
decisions referred to above, the executor can always substitute himself in the pending proceeding
even though at the stage of such substitution
Will was probated. Between 20th August, 1991 and 15th June,
1998 the executors of the said Will from time to time registered deeds of
release ... discharge of the executors, the suit against
the Maharaja would stand abated by operation of law unless steps are
taken to substitute the said legal
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
court and continue to prick its conscience.
Even if the executor is not expected to prove the Will with mathematical
accuracy but all reasonable doubts ... testator according to the executor approached him almost
5 and 6 years back for filing the substitution application on this behalf.
Ramendra could not recollect
revoked and substituted by the second Will in view of the death of one
of the named executors in the Will, namely, Amar Nath ... Ushabari, she would be substituted by
Jyotsna Das, the wife of Amiya Kanti Das for discharging the duty of an executor.
After the death
Lhamo died on March 01, 2004 and thereafter the executors
of Nyima Lhamo were substituted as plaintiffs. During the pendency of
the appeal, the learned
paragraph, last
2
sentence stand deleted and substituted by the
following:-
"The executor of the Will preferred
the appeal, however, he died during
paragraphs 6 and 7 thereof, leave is given to the
Executors to cause substituted service of the special citation by
publication once in the English
event the
purchaser fails to deposit the consideration amount, the executor shall hand over
the property to the beneficiaries under the Will. However ... open
for the beneficiaries to get themselves substituted in the said proceeding. The
2
executor shall file inventory and accounts and on verification thereof, shall
defendant, submits that one of the executors has died and he is required to be
substituted by the legal heirs. It is claimed that ... heirs of the said
executor are the beneficiaries of the Will. The defendant shall take out an
application for substitution within two weeks from date
