- (1.) Heard Sri Vikram D. Chauhan, learned counsel for appellant and Sri M.D. Singh Shekhar, learned Senior Counsel for respondents.
(2.) This appeal under Section 96 of Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has arisen from judgment and decree dated 25th October, 2007 passed in Original Suit No.721/05 (Shri Krishna Chand Tiwari and others vs. Shri Satish Chand Tiwari) by Civil Judge (Senior Division), Agra rejecting plaint of aforesaid suit under Order VII Rule 11(b) CPC for non compliance of the order with respect to amount of valuation and payment of requisite court fee.
(3.) Appellant Krishna Chand Tiwari (now deceased and substituted by legal heirs) and respondent-2, Satish Chand Tiwari (now deceased and substituted by legal heirs) instituted Original Suit no.721 of 2005 in the court of Civil Judge (Senior Division), Agra praying for a declaratory decree that the 'Will' dated 27.3.1985, allegedly executed in favour of defendant Satish Chand Tiwari by Late Jagannath Tiwari, is void, invalid and a manufactured document. He also sought a permanent prohibitory injunction restraining defendant from selling disputed property to any other person during pendency of suit.;