“11. It emanates from the definition that legal representative is a person, who in law represents the estate of a deceased person and includes any person who intermeddles with the estate of the deceased. From the provisions of law as discussed above, it is to be seen as to whether the petitioner, who is undisputedly the executor of the Will dated 24.10.2005, can be treated to be the legal representative of the sole deceased appellant. It leaves no room for doubt that the legal representative is only entitled to continue the suit or appeal, as the case may be, on the basis of the claim laid by the deceased plaintiff and/or appellant. He is not entitled to plead contrary and obtain reliefs which the plaintiff himself/herself is not entitled to. He is also not entitled to claim independent title of his own in respect of the property contrary to what had been claimed in the suit. He only represents the estate of the deceased [See 51 (1981) CLT 42]. Thus, the term ‘legal representative’, as appears in Section 211 of the Act, cannot be given a different meaning. It is also not in conflict with the meaning as defined in Section 2(11) of CPC. All the properties of the testator covered under the testament vests with the executor, but the same does not give any right to him to establish his independent right over the property unless a probate or letter of administration, as required under Section 213 of the Act, is granted in his favour. He being an executor is only entitled to protect the estate and to continue the litigation. Mr. Dash placed reliance upon a decision of the Patna High Court in the case of Ramcharan Singh v. Mst. Dharohar Kuer, reported in AIR 1954 Pat, 175.”
