HABIBBHAI ISHABHAI SANDHI Vs. IBRAHIMBHAI ISHABHAI SANDHI

JUDGEMENT

(1.) The present First Appeal is preferred against the order dtd. 15/12/2018 passed below exhibit 42 application by learned Second Additional Senior Civil Judge, Morbi, in Special Civil Suit No. 24 of 2017. Application exhibit 42 was filed by the respondent-defendant under Order 7 Rule 11 of the Civil Procedure Code, 1908, which came to be allowed and plaint-cum-application of the appellant-plaintiff came to be rejected.

(2.) It was originally filed by the appellant was Probate Application No. 6 of 2016 in respect of Will dtd. 24/2/1997. After objections were raised by the respondents, the said probate application was converted into Special Civil Suit No. 24 of 2017. In those proceedings, application exhibit 42 came to be filed and culminated into impugned order.

(3.) Ishabhai Sandhi who was father of the parties died on 5/3/1997. Said Ishabhai married twice. The appellants happen to be children from the second wife whereas respondents are children of first wife of deceased Ishabhai. The deceased had made registered Will dtd. 24/2/1997 bequeathing his properties to the appellants.