Obtaining of probate is not a condition precedent for filing a suit, though the executor is not entitled to recover the decree without producing the probate. Law Obtaining of probate is not a condition precedent for filing a suit, though the executor is not entitled to recover the decree without producing the probate. advtanmoy 14/06/2018 Calcutta High Court in Prabhat Nath Das v. Ramendra Kumar Saha, ILR 61 1081[division Bench] Division Bench... Read More Read more about Obtaining of probate is not a condition precedent for filing a suit, though the executor is not entitled to recover the decree without producing the probate.