P.K. Deb, J.
1. Heard both parties.
2. This revision petition has been preferred against the order dated 30-9-1999 passed by the Addl. District Judge X, Patna in Probate Case No. 119 of 1992 whereby on the death of executor who filed a probate case, his-son who happens also a legatee of the deceased Will maker had filed a petition for his substitution and to proceed with the probate case has been allowed. On subsequent occasion it is stated at the Bar that a petition had also been filed by the legatee for grant of letters of administration on the basis of the Will.
3. Learned Senior Counsel for and on behalf of the petitioners has challenged the impugned order on the ground that in a probate case which had been filed by an executor, the same cannot be changed to a case of letters of administration and in that respect he has referred to a Division Bench decision of this Court but it appears from that judgment that Section 232 of the Indian Succession Act had never been taken into consideration. In that provision even a probate case being filed before the Will being proved, if the executor dies then the Court can pass an order for letters of administration. Even under that Section no question of any filing of petition by the legatee is required. Even we go to the principles of grant of letters of administration and probate, it is pertinent to mention that the court's duty for grant, of probate or letters of administration hinges on the sanctity or genuinity of the Will only. No rights of any of the parties are being decided. In that way even if there was no petition at the time when the impugned order has been filed for grant of letters of administration then also the substitution petition had rightly been allowed by the learned Court below. There is no illegality in the same. On the other hand it is stated that said substitution petition had been filed after the statutory period as contemplated Under Order XXII, Rules 3, 4 of the C.P.C. Such provision's are not applicable in probate or letters of administration proceedings because I have already stated that no rights of the parties are being decided in such proceedings, only the genuinity of the Will is a matter to be decided. I do not find any force in this revision petition. Hence, the same is rejected.
