SANGEET LODHA, J. - (1.) This petition is directed against order dated 14.10.17 passed by the Civil Judge, Srivijaynagar in Civil Suit No. 6/05, whereby an application preferred by the petitioners under Order 7, Rule 11 CPC stands dismissed.
(2.) The first respondent-plaintiff preferred a suit for cancellation of Will dated 19.5.17 executed by Shri Ramnath, the father of plaintiff and defendants no. 2 to 5, whereby he bequeathed his ? ..? share in the ancestral property i.e. agriculture land ad measuring 67 bighas comprising chak 24GB and a shop situated in Dhan Mandi, Srivijaynagar in favour of his wife, the petitioner No. 1 herein. The plaintiff has also sought the relief for declaration of his rights in the suit property.
(3.) During the pendency of the petition, the petitioners preferred an application under Order 7, Rule 11 CPC seeking rejection of the plaint taking the stand that the suit property was self acquired property of Shri Pokar Ram, the grand father of the plaintiff and the defendants No. 2 to 5 and since at the time of his death, the father of the plaintiff and defendant No. 2 to 5 was alive, the property devolved on him and therefore, the plaintiff cannot claim any right in the disputed property. That apart, it was contended that the plaintiff has already filed a suit before the Sub Divisional Officer, Raisinghnagar for declaration of his right in the disputed property as also for permanent injunction and thus, the suit filed before the Civil Court splitting the relief is barred by Order 2, Rule 2 C.P.C.;