6. Civil suit by legattee.
Whether maintainable against Administrator
The scope and ambit of sec. 141 fell for consideration on the factual matrix of Himanshu v Sudhansu 2004(1) CHN 626.

There was no dispute as regards the following facts:

• Both the plaintiff and defendant were appointed as joint executors under the Will.
• The plaintiff did not join hands as executor to get the probate.
• On an application by the defendant, probate was granted.
• As regards the entitlement of legacy also there was no dispute. In spite of the above admitted position the plaintiff brought a civil suit seeking various reliefs including:
  • due administration of the estate,
  • rendition of accounts,
  • injunction etc.

The trial court took up the maintainability of the suit as a preliminary issued and dismissed the suit under Order 7 rule 11 C.P. Code. But, the appellate court set aside the order of dismissal and directed the trial court to decide all the issues involved in the suit. This order of the appellate court gave rise to the miscellaneous appeal before the High Court. The High Court observed:

...there is a specific bar against a legatee to get legacy unless and until he fulfils the terms and conditions under section 141 of The act..if the law is not read in such manner then section 141 of the Indian Succession Act, 1925 will have redundant face value. Yet the appellant is not interested to refuse from giving legacy but subject to completion of the administration. But the respondent/plaintiff is not only impatient but also forgetful that unless administration is complete title cannot pass. Therefore, if the legacy is directed to be passed on the strength of this so-called administrative suit keeping the administration under the Will pending, it will be obviously hit by the principles of Order 7, rule 11(d) substantially.

It is crystal clear that the jurisdiction of the Civil Court will be either expressly or impliedly barred.

The Indian Succession Act, 1925 is comprehensive in nature. If one is aggrieved by any action of an Administrator who is appointed for a limited purpose including representing the suits or with an unlimited power, pendente lite, he can very well apply before the court for the purpose of revocation or annulment for just cause. Administrator is a representative of the court on behalf of dead person who can not Carry out the proceedings.

Written By: S Kundu & Associates
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