RAJABETI Vs. VIJAY KUMAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties.

(2.) The applicants/defendants have approached this Court being aggrieved by the order dtd. 3/1/2019 passed by Joint Civil Judge, Junior Division, Nagpur below Exh.48 in Regular Civil Suit No.230/2005 thereby rejecting the application filed by the applicants for rejection of plaint under provisions of Order VII Rule 11 of the Code of Civil Procedure.

(3.) The non-applicant/plaintiff is the brother of applicant Nos.2 and 3 and son of applicant No.1 who has filed the civil suit against the applicants challenging the will-deed executed on 13/9/1990 by his father Yashodanandan Pandey, who expired in March 1999. The non-applicant has stated that the will-deed came into operation on 16/3/1999. In the month of April 2001, when the non-applicant had started carrying out certain construction and the applicant No.1 had issued a legal notice, at that time, he came to know about the will-deed.