1987 (11) TMI 396

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....y defendants 12 to 14 is directed against the order of the Subordinate Judge, Balasore, refusing their application for transposing them as plaintiffs in place of the original plaintiff on her death in a suit for partition. 2. The application was made by the petitioners on the ground that the plaintiff had executed a will in their favour bequeathing her share in the suit property to them. The appl....

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....tor is not required to wait for the grant of the probate but can ipso facto being the legal representative prosecute the lis in view of the devolution of the interest under Order 22, Rule 10 of the Civil P.C. inasmuch as the testator's title stands vested in the executor on the his death. The case of an administrator may, however, be different, because he has to wait until grant of the letters....