that case, the decision of the court below refusing to substitute the executor in place of the testator, the original plaintiff, who had died during ... this case on the ground that it related to the substitution of an executor, but that is a distinction without a difference, because Section
beneficiary or claimant be permitted to get substituted in place
of the executor? The Court answered the question in negative
and held that an application ... executor. In other words, the probate proceedings
come to an end with the death of the executor. Furthermore, the
substitution of heirs/legal representatives
executor and it can by no means devolve upon the heir of the
executor appointed by the will. Therefore, after the death of the
executor ... place of the executor. The probate proceedings come to an end
with the death of the executor. Moreover, the substitution of
heirs/legal representatives
proceeding, his widow sought to be substituted as being his heiress, but Harington, J., held that the executor's right ... application was made by the heirs of the executor to be substituted in his place. The case thus came directly within the mischief of Section
circumstances as the appellant had failed to substitute Nand Kishore Chand, the executor, who was the only legal representative, within the prescribed period, his appeal ... party respondent, though the proper person to be substituted was the sole executor Nand Kishore Chand. It was after Nand Kishore Cband obtained probate
claimant can be
permitted to get himself or herself substituted in place of the executor.
The probate proceedings comes to an end with the death ... application
was made by the heirs of the executor to be substituted in
his place. The case thus came directly within the mischief
other heirs of the deceased from making an application for substitution as legal representatives of the deceased in terms of Rule 4 of Order ... appointed as the sole executor. In considering the argument as to whether an application for substitution was necessary under Rule 35. Order 22, when appellant
January 1923, before another executor or administrator had been appointed, the plaintiff applied to the Registrar of this Court to substitute in place ... place of Dr. Taylor but no application to substitute him in place of the former executor was made and Syed Mohiuddin, it is contended
contended by Mr. Thakur Prasad that no substitution could be made in place of the named executors as no probate of the will could ... substitution of their heirs and legal representatives, apart from the fact that no opposition was made to their substitution, in my opinion, was substitution
that case it was found that the executors authorised the arbitrators to substitute for the provisions of the Will which might seem to them indefinite ... have been the intention of the testator; in other words the executors in their submission authorised the arbitrators to make a new Will
