AKASH MOHAN GUPTA Vs. NEERA BURRA

JUDGEMENT

(1.) By means of the present order, the Court proceeds to dispose of the instant application which is purported to have been made under Order VII Rule 11 of the Code of Civil Procedure, 1908[CODE] read with Sec. 151 of the Code. The foundation of the instant application is the assertion of the defendants that the instant suit is utterly vexatious, in abuse of the process of Court and barred by limitation.

(2.) The defendants assert that the instant suit seeks a declaration in respect of the last Will and Testament dtd. 8/10/1998 stated to have been made by the late Madan Mohan Gupta and has evidently been instituted more than 16 years after the plaintiff had obtained knowledge of the aforesaid Will. It is asserted that the instant suit is in gross abuse of the process of Court and has been laid only to harass the defendants who are all senior citizens.

(3.) Before proceeding to deal with the grounds on which the present application is sought to be pressed, it would be pertinent to advert to the following facts leading up to the institution of the suit itself.