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Section 268: Proceedings of District Judge's Court in relation to probate and administration

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 267 All 391 Sections of Indian Succession Act Section 269

Legal Commentary & Landmark Judgments: Section 268

Section 268 mandates that the proceedings of the District Judge's Court in relation to probate and administration must be regulated by the Code of Civil Procedure, 1908.

  • Application of Code of Civil Procedure: The proceedings of the District Judge's Court in granting or revoking probate and administration are regulated, so far as circumstances permit, by the CPC, 1908.
  • Conversion to Regular Civil Suit: Where a caveat is entered and the proceeding becomes contentious, it is registered as a regular civil suit under Section 295, following full trial procedure.
  • Powers of Injunction and Amendment: Equips the District Judge with powers of temporary injunction (Order XXXIX), amendment of pleadings (Order VI Rule 17), and discovery (Order XI) during probate litigation.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court affirmed that under Section 268, the procedural provisions of the CPC apply to probate proceedings, ensuring full procedural safeguards during testamentary trials.
  • Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: Held that the applicability of the CPC under Section 268 includes the power to set aside ex parte orders under Order IX Rule 13.
Courtroom Practice & Strategic Litigation Guidance:

In contentious probate suits, remember that all provisions of the CPC (such as serving interrogatories, seeking document inspection, and applying for local commissioners) are fully available under Section 268 r/w Section 295; treat the trial with the same rigor as a regular title suit.

Section 267 All 391 Sections of Indian Succession Act Section 269