Code of Civil Procedure, 1908–Sec. 10–Indian Succession Act, 1925–Secs. 266 & 276–Stay of probate proceedings–Sought on the ground that the suit for partition is pending–Merely because some of or all the properties conveyed through Will are subjected to the suit for partition, it cannot be said that the matter in issue is same–Trial Court is required to confine upto the valid execution of Will in the probate proceedings–Suit for partition and the probate proceedings do not overlap to each other and decision on one will not terminate the proceedings of the other–Held, stay of proceedings as well as consolidation of both proceedings is not required.
