BINAPANI KAR CHOWDHURY vs SRI SATYABRATA BASU

The Supreme Court held that the High Court's order preventing the suit from proceeding until the probate of the Will executed by Avarani Bose is granted is valid. The Court emphasized that under Order XXII Rule 3 of the CPC, the legal representative of a deceased plaintiff can be substituted, but the suit cannot be decided until the probate proceedings are concluded. The Court upheld the High Court's decision, affirming that the appellant's request to proceed with the suit was rightly rejected due to the pending probate matter.