MADHU RATHOUR Vs. DEEPAK TANDON

JUDGEMENT

(1.) WITH the consent of the parties the appeal is heard.

(2.) THE challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment of the Trial Court dated 1.5.2010 rejecting the plaint under Order 7 Rule 11 CPC.

(3.) THE Trial Court has rejected the plaint under Order 7 Rule 11 CPC on the ground that the suit was no longer maintainable after a Probate Petition filed by the appellant/plaintiff with respect to the Will of her father dated 20.11.1993 was dismissed. The subject suit was a suit for declaration, injunction, cancellation of sale deed and possession with respect to the suit property.