K SADANANDAN Vs. K SAVITHRI

JUDGEMENT

(1.) The challenge in the present Revision Petition is with regard to the rejection of the petitioner's application filed under Order VII Rule 11 of C.P.C.

(2.) The main grounds raised by the petitioner to establish that the suit is not maintainable is that the plaintiff is claiming rights over the suit properties and in view of Section 213 of Indian Succession Act, unless the Will is probated or granted with the letters of Administration, no right will accrue and hence the suit cannot be maintained.

(3.) The learned counsel would submit that there is no cause of action for the present suit and hence the plaint is liable to be rejected.