MAANSINGH Vs. KAMAL SINGH

JUDGEMENT

(1.) The applicants have filed the said revision challenging the order dated 9/11/2019(Annexure A/1), passed by the learned IInd Additional District Judge, Bagli, District - Dewas in Succession MJC No.06/2018 whereby, application preferred by the applicants under Order 7 Rule 11 of CPC was rejected.

(2.) The facts in brief is that, the non-applicant No.1 filed an application under Schedule 4 Section 276 of the Indian Succession Act for seeking probate of the properties mentioned in the application.

(3.) The applicants, thereafter, filed an application under Order 7 Rule 11 of CPC contending that the said application is based on a Will and on the basis of the said Will, a probate cannot be granted. In the said application, it was also contended that earlier a suit was filed between the same parties for the same piece of land which was registered as Civil Suit No.35-A/2012 before the Civil Judge, Class-II, Bagli, District - Dewas and the said Civil Suit was decreed vide judgment and decree dated 28/08/2014 and the said Will was also not found to be proved and, therefore, once a document has been interpreted by Civil Court after recording the evidence, the same cannot be taken into consideration by another Court for any other purpose.