ANUPAM DHANKAR Vs. SHIVAM SUHAG AND ORS

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 17.5.2010 vide which the learned trial Court dismissed the application of the petitioner filed under Order 7 Rule 11 CPC seeking ouster of the suit proceedings on the ground that earlier she had obtained a succession certificate to which the respondents were also the parties and that since the suit pertains to the Wills which had been executed by their forefathers the suit was incapable of proceeding and ought to be rejected at the threshold because of the reason that the parties had prayed for succession certificate and question of proceeding with the suit did not arise.

(2.) After hearing the learned Counsel for the petitioner, I am of the opinion that there is no legal infirmity in the impugned order as the powers under Order 7 Rule 11 CPC cannot be invoked unless prima facie it appears to the Court that no cause of action arises.

(3.) No ground to interfere.