- (1.) A very short but substantial point is involved in this application. It is made by the defendant, invoking Order VII Rule 11 of the Code of Civil Procedure. He wants the plaint to be rejected, as according to him the suit is barred by law.
(2.) The ground is this. This suit was filed in or about February, 2011 by Amrit Narayan Achari, the plaintiff. He was the nephew of Dr. Narayan Krishna Achari, who is now dead. Dr. Narayan Krishna Achari was a doctor of considerable repute, residing in the U.S. and practising there and in India. By his last Will and Testament he had appointed Amrit Narayan Achari as the executor. He resides in Houston, Texas, U.S.A. Probate of this will was granted by a U.S. Court. This Court on 3 rd August, 2010 granted Letters of Administration with a copy of the will annexed to Suprakash Sen. He was described in the Letters as the constituted attorney of Amrit Narayan Achari and the latter was described as the sole executor of the last Will and Testament of Narayan Krishna Achari. This suit is about alleged wrongful occupation by the defendant of flat No. 3B, 3 rd Floor, 8B Wood Street, Kolkata 700 016 and for his eviction, for damages and so on.
(3.) According to the defendant, Amrit Narayan Achari had no locus to file the suit. Very succinctly, Mr. Ahin Chaudhuri, learned Senior Advocate cited Sections 216 and 273 of the Indian Succession Act. These Sections are set out below: 216. Grantee of probate or administration alone to sue, etc., until same revoked. After any grant of probate or letters of administration, no other than the person to whom the same may have been granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased, throughout the Sate in which the same may have been granted, until such probate or letters of administration has or have been recalled or revoked. 273. Conclusiveness of probate or letters of administration. Probate or letters of administration shall have effect over all the property and estate, movable or immovable, of the deceased, throughout the State in which the same is or are granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate of letters of administration have been granted:;