Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Dismissal of application–Appreciation of–Suit for partiton and permanent injunction–It is an admitted fact that there was a registered Will on the record, as asserted by the respondents–Appellant neither challenged the Will in question nor produced sufficient evidence to show that the Will is void–Trial Court rightly observed that the regd. Will cannot be ignored at this interlocutoy stage–Will was not only qua the property in question but also the other properties were also included –Mere averments that the Will is under suspicion would not sufficient at this stage and could require evidence from both parties–Held, no error is found in the impugned order–Further held, all these arguments raised by the appellant have already been considered by the Trial Court–Interference declined.
