Case Note & Summary
The case pertains to a probate matter concerning the Will of Rev. Salusbury Fynes Davenport, who died on 24.01.1972 at Udhagamandalam, Ooty. During his lifetime, he executed a Will dated 19.07.1969 appointing M/s King and Partridge as executor. The executor, through its senior partner Chakravarthy Duraisamy, applied for probate under Sections 222(1) and 272 of the Indian Succession Act, 1925. The District Court at Ooty granted probate on 29.07.1972 in Probate Case No.15 of 1972. The executor filed an inventory on 20.01.1973, which was recorded on 24.01.1973, and final accounts were submitted on 09.07.1973 and recorded on 17.07.1973. Thus, the probate proceedings attained finality. Decades later, on 30.01.2016, Smt. Mary Brigit applied for a copy of the probate. When the copy was not supplied, she filed Writ Petition No.11266 of 2018 before the Madras High Court seeking a mandamus to the District Judge, Ooty, to furnish the probate copy. The executor filed a counter-affidavit stating that the matter was old, the relevant partner had retired and died, and no records were available with the firm. The High Court dismissed the writ petition. The petitioner then appealed to the Supreme Court. During the pendency of the appeal, the original petitioner Smt. Mary Brigit died, and no steps were taken for substitution. The Supreme Court noted that the probate proceedings had concluded long ago, the executor had been discharged, and there was no live controversy. The court held that the appeal had become infructuous and dismissed it, observing that no relief could be granted in the absence of a subsisting lis.
Headnote
A) Succession Law - Probate - Finality of Proceedings - Once probate is granted, inventory filed, and final accounts recorded, the probate proceedings attain finality and the executor stands discharged - The court becomes functus officio and no further orders can be passed in the matter (Paras 1-4). B) Writ Jurisdiction - Mandamus - Infructuous Relief - A writ petition seeking a direction to furnish a copy of probate becomes infructuous when the applicant dies and no substitution is sought, and the probate proceedings have long concluded - The court cannot issue a writ in the absence of a live controversy (Paras 5-8). C) Civil Procedure - Abatement of Appeal - Death of Appellant - Under Order 22 CPC, if the sole appellant dies and no application for substitution is made within the prescribed period, the appeal abates - However, the court may dismiss the appeal as infructuous if no relief can be granted (Para 8).
Issue of Consideration
Whether the appeal against the dismissal of a writ petition seeking a copy of probate survives after the death of the original petitioner and in the absence of any pending proceedings or live controversy.
Final Decision
The Supreme Court dismissed the Special Leave Petition as infructuous, holding that no live controversy exists and no relief can be granted.
Law Points
- Probate proceedings become functus officio after final accounts are recorded
- No live controversy remains after executor's discharge
- Writ petition for copy of probate becomes infructuous upon death of applicant without substitution
