BHARAT KANTILAL DALAL Vs. SURENDRA KANTILAL DALAL

JUDGEMENT

(1.) By this Notice of Motion the Applicant / Original Defendant No. 5 has sought for rejection of the Plaint under Order VII Rule 11 read with Sec. 151 of the Code of Civil Procedure (CPC), 1908. The Applicant has also sought an alternate prayer viz. that till the final disposal of the proceedings for probate of the Will dtd. 21/5/2012 read with Codicil dtd. 11/9/2015 and 8/12/2016 being Testamentary Petition No. 812 of 2017 pending before the Testamentary / Probate Court, this Court stay the above Suit and proceedings arising thereunder including the present Notice of Motion Lodging No. 2606 of 2017.

(2.) The Applicant has stated that the Plaintiff has filed the Captioned Suit inter-alia seeking administration of the Estate of the deceased in terms of the Will dtd. 24/9/1994 ('Will of 1994') which he claims to be the last Will and Testament of the deceased and under which he and Defendant No. 1 are claimed to have been appointed as the Executors of the Estate of the deceased. It is further stated that the Plaintiff has disclosed in the above Suit that the Applicant has propounded a Will dtd. 21/5/2012 along with Codicil dtd. 11/9/2015 and 8/12/2016 as the last Will and Testament of the deceased, under which the Defendant No. 6 herein and the Applicant / Original Defendant No. 5 have been appointed as the Executors and further that a Testamentary Petition for grant of probate of the said Will of 2012 has already been filed by the Applicant before the Probate / Testamentary Court.

(3.) The Applicant has stated that in the present Suit, the Plaintiff has inter alia sought for administration of the Estate of the deceased and in the alternative has prayed that in the event the said Will of 1994 is held to be not valid, then the Estate of the deceased be administered as per inter-state succession. It is claimed that the Plaintiff along with 22 others are equal beneficiaries of the Estate of the deceased as per inter-state succession.