MANOJ MISRA,J. - (1.) Heard learned counsel for the petitioners.
(2.) The petitioners had instituted O.S. No.31 of 2015 for declaring unregistered Will dated 14.10.1989 void as also for cancellation of sale deed dated 10.10.2011.
(3.) The defendants in the suit took a plea that on the strength of the aforesaid unregistered Will mutation had taken place in the year 1991 and that they had been in possession over the suit property since then, therefore, the suit was barred by limitation. Accordingly, an application under Order 7, Rule 11 CPC for rejecting the plaint was filed. It appears that while the application under Order 7, Rule 11 CPC was under consideration the plaintiffs/petitioners moved an application 23- Ga for production of the Will which was rejected by the court below by impugned order dated 17.10.2016 on the ground that application under Order 7, Rule 11 CPC is to be decided on the basis of the averments made in the plaint.;