Probate and substitution in a deceased testator's suit can proceed, with any decree effective only after probate is produced.

Section 213 of the Indian Succession Act bars a court claim to enforce rights as executor or legatee without probate or letters of administration, but it does not prevent substitution of the executor or legatee as legal representative of a deceased plaintiff under Order XXII Rule 3 CPC in a suit originally filed by the testator. In the special facts, where the suit had been pending for a long time and evidence was complete, the court directed the trial to continue to judgment to avoid further delay. If a decree is passed, it will operate only after probate is produced and remain provisional until then.

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Issues: Whether a suit instituted by the testator could be directed to proceed after the testator's death despite the executor or legatee not having obtained probate of the will, and whether any decree passed in such suit could be made effective only after probate was produced.

Analysis: Section 213 of the Indian Succession Act bars establishment of a right as executor or legatee in court unless probate or letters of administration has been granted. That bar does not prevent substitution of the executor or legatee as legal representative of the deceased plaintiff under Order XXII Rule 3 of the Code of Civil Procedure in a suit originally filed by the testator. In the special facts, the suit had remained pending for an inordinate period, evidence had been completed, and the executor had not secured probate. To avoid further delay and do complete justice, the trial court was directed to hear arguments and deliver judgment. The court also clarified that if the suit were decreed, the decree would operate only on production of probate and until then would remain provisional.

Conclusion: The suit was permitted to proceed without awaiting probate, and any decree in favour of the substituted executor or legatee would take effect only after probate was obtained and produced.

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