Probate proceedings can support interim estate protection and status quo orders to preserve property pending will adjudication.

In probate and letters of administration proceedings, the court may pass interim protective orders to preserve the estate while the validity of the will is decided. The note explains that such proceedings are governed, as far as circumstances permit, by the Code of Civil Procedure and the Indian Succession Act, including the power to appoint an administrator pendente lite. Even if Order 39 Rules 1 and 2 do not strictly apply, the court may rely on Section 94 and its inherent powers under Section 151 to prevent wastage, alienation, dissipation, or third-party interests, and may direct status quo to protect the subject property pending disposal.

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Issues: Whether the Court in probate proceedings has jurisdiction to pass interim protective orders, including a direction to maintain status quo, for preservation of the estate pending decision on the validity of the will.

Analysis: The proceedings for probate or letters of administration are governed, so far as the circumstances permit, by the Code of Civil Procedure, 1908, and the Indian Succession Act, including the power to appoint an administrator pendente lite. The absence of a dispute as to corporeal title does not exclude the Court's power to protect the subject matter of testamentary disposition. Even where Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 may not strictly apply, the Court can act under Section 94 and its inherent powers under Section 151 of the Code of Civil Procedure, 1908, and may issue temporary protective orders to prevent wastage, alienation, dissipation, or creation of third-party interests in the estate during pendency of the proceeding.

Conclusion: The Court held that it had jurisdiction to grant interim protection of the estate and that a direction to maintain status quo was justified.

Final Conclusion: The interlocutory application succeeded, and the parties were directed to preserve the existing state of the deceased testator's property until disposal of the appeal.

Ratio Decidendi: A probate court may, in aid of its jurisdiction and to preserve the estate pending adjudication of the will, pass interim protective orders under the Code of Civil Procedure, 1908 and its inherent powers, even though title to the property is not directly in issue.

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