Binapani Kar Chowdhury vs Sri Satyabrata Basu And Anr

The Supreme Court held that under Section 151 of the Code of Civil Procedure, a suit cannot proceed until the probate of the will is granted, as the executor must be recognized legally before the suit can be adjudicated. The Court affirmed the High Court's decision that the appellant's request to proceed with the suit was rightly rejected, emphasizing the necessity of probate in matters involving wills. Consequently, the appeal was dismissed, upholding the lower court's ruling that the suit's proceedings were contingent upon the probate of the will.