MOSMAT SUSHILA DEVI Vs. CHANDRA BHUSHAN CHAUDHARY

JUDGEMENT

(1.) Opposite party no. 1 herein namely, Chandra Bhushan Chaudhary filed title suit no. 294/2005 against the petitioner and others for declaration that sale deed dtd. 3/6/2005 executed by the petitioner in favour of other defendants 2 to 10 is forged, fabricated, void and ineffective document.

(2.) The petitioner raised objection before the trial judge that the suit itself is not maintainable because claim of the plaintiff was based on the 'Will' and unless the 'Will' is probated, no person can claim any right before the court of law in view of the bar under Sec. 213 of the Indian Succession Act, 1925.

(3.) Therefore, the court below should not have sustained the maintainability of the suit when the court below was itself of definite opinion that no decree can be passed in absence of probate of the 'Will'. He further submits that he has gathered information that subsequent thereto, the plaintiff has filed Probate Case No. 26/2009 and status of that probate case is not known.