SUNIL KUMAR Vs. CHAITANYA PRAKASH

JUDGEMENT

(1.) This revision has been filed against the order dated 07.05.2011 passed by Additional Civil Judge, Senior Division, Court No. 2, Meerut in Original Suit No. 710 of 2005, whereby the Issue Nos. 6 and 7 has been decided in favour of the plaintiffs/opposite parties.

(2.) The petitioner is a defendant in the suit. The plaintiffs filed a suit for partition and claimed shares in the property in dispute on the basis of the Will executed in their favour. One set of the defendant filed another Will claiming shares on the basis of the said Will. Another 2nd set of the defendants filed third Will claiming their share on the basis of the Will allegedly executed in their favour. The defendants moved an application under Order 7 Rule 11 C.P.C. for the return of the plaint on the ground that the claim on the basis of the Will cannot be adjudicated unless the Will is approved by the competent court by issuing the probate under Section 213 of the Indian Succession Act (hereinafter referred to as the "Act") and, therefore, the plaint is liable to be returned.

(3.) In the suit, two issues, namely, issue nos. 6 & 7 have been framed. It was framed that whether the suit is barred by Section 213 of the Act and whether barred under Order 7 Rule 11 C.P.C. Both the issues have been decided against the revisionist by the impugned order and, therefore, the present revision has been filed.