IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.811 of 2009 PUSPA DEVI … … Petitioner Versus MAKHAN LAL DHOKESHWAR DUBEY & ORS. For the petitioner: Shri Tilak Sao ----------- 2. 22.5.2009 I have heard learned counsel for the petitioner and perused the order. The learned Judge has assigned good reasons and those reasons are based on earlier three decisions of this Court cited in the order laying that the legatee or executer of an unprobated will can institute a suit or set up a claim by way of defence, he can be added as party or can also be allowed to be substituted in place of testator. The order does not suffer from any material illegality or any error of jurisdiction. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)