executor in a suit instituted by such executor. But Section 213 of the Indian Succession Act does not debar the executor to be substituted ... executors for establishing their right as executors to the estate of the deceased testator, the decree passed in favour of such executors since substituted
executors, Jitendra Mohan Bose and the Ghoshes applied for probate and the other executor, Ananga, was at first opposing the grant. The said four executors ... granted to Kumudini's will and after that event to substitute the executor or executors who obtained probate, or if that was not feasible
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 ... assessee are not thereby ended but can be continued by the executor being substituted in his place. This contention, in my view, is covered
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 ... assessee are not thereby ended but can be continued by the executor being, substituted in his place. This contention, in my view, is covered
would
give an impression that Section 213 , indeed, precludes an executor from
being substituted in place and stead of a deceased party where the right ... relevant sentence implying
that Section 213 was a bar to an executor being substituted in place and
stead of the testator, it is evident that
petitioner.
The Court : This is an application for substitution of the executor on
his death during the pendency of the application for grant of probate ... sons of Birendra Lal Aich, to be substituted as an executor in
his place and stead by honouring the last wish of the testator without
praying for recording the death of the plaintiff no.2 and substituting the
executor of the alleged last Will and Testament of Smt. Pushpa Devi ... respective
parties.
2
This Court finds that the executor can be substituted but since the
other legal heirs of the deceased plaintiff
praying for recording the death of the plaintiff no.2 and substituting the
executor of the alleged last Will and Testament of Smt. Pushpa Devi ... respective
parties.
2
This Court finds that the executor can be substituted but since the
other legal heirs of the deceased plaintiff
instructed to appear on behalf of the executor that during the pendency
of this application the executor has died on 10th January, 2023. A copy ... grant of probate of which is prayed for, provides for a substitute
executor in the case of death of the first named executor.
The matter
received by another person, equally liable to assessment. The substitution of the assessee for the executors was valid, because he was a successor in office ... appointment as receiver Asit could not be substituted in place of the executors in the pending assessment proceedings and the proceedings could not be continued
