1 for short, Act Page 1 of 9 The brief facts leading to the present appeal are that one Zorawar Singh was owner of certain immoveable property in New Delhi.
The learned Single Bench allowed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 holding that the suit for declaration and permanent injunction is number maintainable in view of Section 213 of the Indian Succession Act, 19251.
Zorawar Singh died on January 4, 1986.
He executed a Will dated June 16, 1985 and companyicil dated October 21, 1995 bequeathing a self acquired property in favour of both the parties.
Ram Pyari, wife of Zorawar Singh and the other suit filed by the present appellant bearing CS OS No.
Two suits came to be filed one by the present respondents bearing CS OS No.
3310 of 2012 claiming declaration and permanent injunction in respect of the Will and companyicil executed by Zorawar Singh and also will dated June 18, 2009 executed by Smt.
HEMANT GUPTA, J. Leave granted.
Challenge in the present appeal is to an order passed by the Division Bench of Delhi High Court on February 13, 2017 whereby an intra companyrt appeal against the order dated March 14, 2016 passed by the learned Single Bench was accepted.
