Maity died leaving a will of which he had appointed an executor. That executor applied for probate of the will. The widow of the testator ... substitution. The case before Mr. Justice Greaves was not a case where any substitution was asked for in the place of an executor appointed under
Udayan Chinubhai And Ors. vs Commissioner Of Income-Tax And Anr. on 27 April, 1976
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
Pravinbhai Patel as well as substitution as
appellant. It is an admitted position that Ashwinbhai Naranbhai Patel
is an executor of Will executed by late ... seeks substitution as appellant in place of present appellant who
wishes to withdraw the Appeal. The said Ashwinbahi is the executor of
the Will
only to an executor appointed by the Will and if the
deceased has made a Will, but has not appointed an executor,
letter of administration ... before the Apex Court, the executor had
died and his heirs (the appellants therein), the legatees, had
requested for substitution from "Probate
survives into the Executor
Kirtikumar Laxmanlal Gandhi. The present applicants have no locus to
be substituted for the deceased appellant.
In
above view ... this Application will not
preclude the Executor of the Will, above referred Kirtikumar
Laxmanlal Gandhi, from being substituted for the deceased appellant.
(Sharad
D.Dave
setting aside of abatement.
This
Application has been made by the Executor of the Will of the deceased
Durgaben Induprasad Kachhia. Pending the Appeal ... December, 2006. The applicant being the Executor of her Will, seeks
to be substituted for the deceased appellant.
The
abatement is set-aside. Application
himself, his heirs, executors and
administrators ratifies and confirms and agree to ratify and
confirm whatsoever the said attorney or any substitute or
substitutes acting
Rules and in the said Rules,
there is no provision regarding substitution of the heirs and legal
representative of the deceased party before a Claims ... therefore, entitled to be substituted in
place of the deceased respondent-plaintiff.
8.
Section 306 further speaks only of executors and administrators but
on principle
favour of the legal representative of the deceased, they cannot be
substituted as legal heirs and they have no right to continue the
suit proceedings ... therefore, entitled to be substituted in place of the
deceased respondent-plaintiff.
8. Section 306 further speaks only of executors and
administrators but on principle
