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    <title>2003 (11) TMI 633 - CALCUTTA HIGH COURT</title>
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    <description>A plaint seeking administration, accounts and allotment of legacy was held liable to rejection under Order 7 Rule 11 CPC because the reliefs depended on completion of testamentary administration under the Will. The executors had not completed administration, and the plaintiff had not shown the statutory intention needed to take the legacy, so no present enforceable cause of action was disclosed. The Court further noted that the Indian Succession Act, 1925 provides a complete mechanism for administration, assent and revocation of grant, making the suit barred in principle and premature. The plaint was therefore rightly rejected and the suit was not maintainable at that stage.</description>
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    <pubDate>Thu, 27 Nov 2003 00:00:00 +0530</pubDate>
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      <title>2003 (11) TMI 633 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=282561</link>
      <description>A plaint seeking administration, accounts and allotment of legacy was held liable to rejection under Order 7 Rule 11 CPC because the reliefs depended on completion of testamentary administration under the Will. The executors had not completed administration, and the plaintiff had not shown the statutory intention needed to take the legacy, so no present enforceable cause of action was disclosed. The Court further noted that the Indian Succession Act, 1925 provides a complete mechanism for administration, assent and revocation of grant, making the suit barred in principle and premature. The plaint was therefore rightly rejected and the suit was not maintainable at that stage.</description>
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      <pubDate>Thu, 27 Nov 2003 00:00:00 +0530</pubDate>
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