HELPLINE ESTATES PVT LTD Vs. RUMI SEIN

JUDGEMENT

(1.) INSTEAD of hearing the application for stay, we propose to hear out the appeal itself by treating it as on the day's list as this appeal can be disposed of on a pure question of law and the plaintiff-respondent No. 1 has already entered appearance.

(2.) THIS appeal is at the instance of defendant No.3 in a suit for declaration and injunction and is directed against Order dated June 30, 2011 passed by a learned single Judge of this Court by which His Lordship dismissed an application filed by the present appellant for rejection of the plaint (G.A. 1102 of 2011).

(3.) IN such a suit, the defendant No.3 came up with an application for rejection of the plaint on the ground that before grant of probate of the Will allegedly executed by Saila Bala Sen, the plaintiffs could not file the said suit being barred by section 213 of the INdian Succession Act.