KANBI SAMJIBHAI JERAMBHAI Vs. MOHANLAL BHANJIBHAI

JUDGEMENT

(1.) Heard learned advocate Mr Pancholi for the petitioners and learned advocate Mr Upadhyay for the respondents.

(2.) The revision application is preferred by original defendant Nos.1, 2, 3, 5, 8, 11, 12, 13, 14, 18 and 20 in Regular Civil Suit No.29 of 1996 pending before the Civil Court, Sihor to challenge an order passed by the Civil Court below Exh.140 on 10.10.2001. Exh.140 is an application preferred by the revisionists praying that a preliminary issue be framed on the question of locus and cause of action for the plaintiffs and further with a prayer that the plaint be returned as the plaintiffs have no cause of action. This application was founded on the basis of certain documents produced by the plaintiffs (respondents herein) and the revisionists themselves, namely, will and codicil to the will prepared by Bhanjibhai Bhagwanbhai.

(3.) Learned advocate Mr Pancholi submitted that even as per the codicil to the will produced by the respondents herein (original plaintiffs), their names do not figure as the beneficiaries and, therefore, they would not have any cause of action. As against that, the revisionists have produced the will in support of their right.