KANTA YADAV Vs. OM PRAKASH YADAV

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in the present appeal is to an order passed by the Division Bench of Delhi High Court on February 13, 2017 whereby an intra court appeal against the order dated March 14, 2016 passed by the learned Single Bench was accepted. The learned Single Bench allowed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 holding that the suit for declaration and permanent injunction is not maintainable in view of Section 213 of the Indian Succession Act, 1925 for short, 'Act'.

(3.) The brief facts leading to the present appeal are that one Zorawar Singh was owner of certain immoveable property in New Delhi. He executed a Will dated June 16, 1985 and codicil dated October 21, 1995 bequeathing a self-acquired property in favour of both the parties. Zorawar Singh died on January 4, 1986. Two suits came to be filed; one by the present respondents bearing CS (OS) No. 3310 of 2012 claiming declaration and permanent injunction in respect of the Will and codicil executed by Zorawar Singh and also will dated June 18, 2009 executed by Smt. Ram Pyari, wife of Zorawar Singh; and the other suit filed by the present appellant bearing CS (OS) No. 430 of 2012 claiming natural succession.