DR. SANJIV BANSAL Vs. DR. MANISH BANSAL

JUDGEMENT

(1.) The present order has been necessitated on account of the submissions made on behalf of the defendant that the suit was not maintainable under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 ( 'CPC ' in short). Both sides have filed their written submissions along with cited case laws which I have considered in addition to the submissions made by learned counsel.

(2.) Before proceeding further, it may be noted that the suit has been filed with the following prayers:

(3.) Mr. Manish Kaushik, learned counsel for the plaintiff submitted that the defendant had instituted a suit being CS(OS) No.287/2021 titled Dr. Manish Bansal Vs. Dr. Sanjiv Bansal and Ors., also impleading M/s RG Scientific Enterprises Limited as defendant No.9. The said suit was filed for perpetual injunction and declaration that the alleged Will and Testament dtd. 29/12/2017, purportedly executed by Dr. Bhim Sen Bansal was not genuine and the same had been made in suspicious circumstances. The plaintiff herein claimed that his father, late Dr. B.S. Bansal had bequeathed his estate through a registered Will dtd. 29/12/2017 to him. This was not acceptable to the defendant and so he instituted the suit for a share in his father 's estate.