VIJAY KUMAR Vs. LRS OF SHRAWAN KUMAR

JUDGEMENT

(1.) This civil first appeal under Sec. 96 of the Code of Civil Procedure, 1908 has been preferred by the appellant-plaintiff against the Order dtd. 16/7/2025 passed by the Additional District Judge, Churu in Civil Regular Suit No.13/2021 titled as "Vijay Kumar vs. LR's of Shrawan Kumar and Ors.", whereby application under Order VII Rule 11 and Sec. 151 of C.P.C. filed by the respondent Nos. 1 and 3/defendants has been allowed and consequently, suit for partition, declaration of trust deed in respect of ancestral property as void and illegal and permanent injunction filed by the appellant-plaintiff has been rejected.

(2.) The facts of the case necessary for adjudication of the present first appeal are that appellant-plaintiff - Vijay Kumar had filed a civil suit for partition, declaration and cancellation of trust deed executed in respect of ancestral property being void and illegal qua share of the plaintiff and permanent injunction against defendants before the trial court in 2021. In the said suit, plaintiff claimed half ownership of certain properties inherited through a valid will and probate of Late Laxmi Narayan Bagla in favour of his ancestor Ramrikh Das. It has been pleaded that defendants unlawfully included these jointly owned properties in a trust and sold portions without authority, therefore, plaintiff sought declaration of his half share, partition by metes and bounds, cancellation/ineffectiveness of the trust deed and illegal sale deeds to the extent of his share and a permanent injunction against further interference or transfer.

(3.) During pendency of the suit, respondent Nos. 1 and 3-defendants filed an application under Order VII Rule 11 read with Sec. 151 of C.P.C., objecting to the maintainability of the suit. It has been submitted that plaintiff has based the suit on an alleged Will said to have been executed by Late Shri Laxminarayan Ji Bagla in favour of the plaintiff's ancestor Late Shri Ramrikh Das Ji, probate of which was granted by the Hon'ble Calcutta High Court on 29/4/1902. However, no such Will conferring ownership upon Late Shri Ramrikh Das Ji was ever executed. Despite specific court directions dtd. 4/10/2021, plaintiff failed to produce alleged original Will, as no such Will exists. Late Shri Ramrikh Das Ji was only appointed as an Executor of the Will and not as a testamentary heir and under settled law, an Executor cannot claim inheritance rights. Further, as evident from the plaintiff's own pleadings and the sanad issued by the Rajasthan State in Samvat 1959, the Will was fully executed in accordance with the probate granted by the Hon'ble Calcutta High Court, and all consequential entries were completed. The plaintiff, therefore, has no locus standi or surviving cause of action. The suit is false, vexatious, barred by law and liable to be rejected at the threshold with costs.