BALBIR SINGH WASU Vs. LAKHBIR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The question raised in this appeal is as to whether the High Court was correct in dismissing the appellant's challenge to probate proceedings filed by the respondent on the basis of Sec. 10 of the Code of Civil Procedure. The High Court was of the view that the mere fact that the appellant had filed a civil suit, inter alia, challenging the execution of the Will in question, did not in any way debar the High Court from entertaining probate proceedings in respect of that Will.

(3.) The only ground on which we entertained the SLP at the outset was the question whether contentious probate proceedings could go on despite Sec. 10 of the Code of Civil Procedure.