Code of Civil Procedure, 1908–Sec. 10–Applicability–Earlier suit filed by respondent no. 1 was for permanent injunction–Instant suit has been filed seeking a declaration that the Will allegedly executed in favour of the defendants is null and void qua the rights of the plaintiff –Matter in both suits is different–Sec. 10, CPC has no applicability–Application u/s. 10 r/w. Sec. 151 was rightly rejected.
