https://www.taxtmi.com/caselaws?id=198890 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. en-us Tue, 16 May 2006 00:00:00 +0530 Mon, 12 Feb 2018 16:03:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198890 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. Case-Laws Indian Laws Tue, 16 May 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198890