SALIL KUMAR Vs. KHOOBCHAND

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has challenged the order of the court below dated 11.11.2011 by which the application to reject the plaint under O.7 R.11 CPC has been rejected against which a revision was filed and the revisional court by its order dated 25.1.2011 has rejected the revision.

(2.) IT is submitted that the respondent Khoobchand, since deceased, filed a suit for cancellation of sale deed said to have been executed in favour of petitioner defendant. During the pendency of the said suit, Khoob Chand died and , therefore, respondents no.2 and 3 filed a substitution application for being impleaded as a party claiming themselves to be legal heirs of the plaintiff. They claimed to be legal heirs on the strength of a will dated 16.8.2000 said to have been executed by the plaintiff Khoobchand in their favour who is nephew of the executor who is said to have died issue less.

(3.) IT is submitted that before the court below an application under O.7 R.11 CPC was filed stating that the will does not mention the number of property in question whereas with regard to other property in the will specific description has been given, therefore, the plaint ought to be rejected. The court below held that validity and genuineness of the will could be decided only after the parties are allowed to lead evidence and rejected the application.