" 46. It appears that a second preliminary objection was also raised before the Hon'ble single Judge, concerning the application under Order 7, Rule 11, C.P.C. It was contended before him that in a proceeding for letters of administration all the provisions of the Code of Civil Procedure were not to be applied and as such the powers under Order 7 Rule 11, C.P.C. could not be invoked. The Hon'ble single Judge disagreed with this objection also making a reference to Section 141, C.P.C. which provides for the procedure provided in the Code of Civil Procedure in regard to suits would be followed, as far as it can be made applicable, in all proceedings in any Court of Civil Jurisdiction. He was of the view that the proceeding for grant of letters of administration was one in which the Court exercised its civil jurisdiction and as such all rigours of the Code of Civil Procedure would be applicable. The Hon'ble Judge further relied on Rule 39 of Chapter XXX of the Allahabad High Court Rules to say that when the matter becomes contentious the application for letters of administration would be treated and registered as a suit and the petition was to be read as a plaint and the objection as written statement, and, as such the testamentary suit was a suit for all purposes under the Code of Civil Procedure and no exception could be taken to invocation of Order 7 Rule 11, C.P.C. We find no reason to disagree with this aspect of the finding of the Hon'ble single Judge.
