Supreme Court · 2006 INSC 345 · Decided 16 May 2006
Binapani Kar Chowdhury v. Sri Satyabrata Basu and ANR.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 345 · [2006] SUPP. 2 S.C.R. 758
- Case number
- CIVIL APPEAL No. 5784/2002
- Decided
- 16 May 2006
- Bench
- B.P. SINGH, R.V. RAVEENDRAN (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC; Succession Act
Headnote
KAR CHOWDHURY v. SRI SA TY ABRA TA BASU AND ANR. MAY 16, 2006 [B.P. SINGH AND R.V. RA VEENDRAN, JJ] Succession Act. 1925-Section 213-Title suit by testator of will questioning validity of sale deed in favour of the defendant-Death of testator during pendency of the suit-Substitution of suit could nut be decided till the Will was probated--Held: Section 213 bars a decree or final order in a suit which involves a claim as an executor or a legatee in the absence ofprubate of the Will--- In view of long D pendency of the suit and in view of the fact that the executor/legatee seems
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