Partition–Code of Civil Procedure, 1908–Order 7, Rule 11–Suit for partition, declaration of trust deed void and illegal and permanent injunction–Rejection of the plaint by invoking the provisions of Order 7, Rule 11–Claim of plaintiff is based on his ancestor R–R was only an executor of the Will executed by L–Executor derives authority only to administer the estate and does not acquire any beneficial or properietory interest unless the Will expressly so provides–The plaint is conspicuosly silent as to what constituted alleged “resdue”, whether ay resdue property survived after execution of the charitable and other bequests, whather ay such resdue property was ever identified, possessed or enjoyed by R, and how such alleged resdue devolved upon the appellant–Neither the original Will nor the certified copy of probate was produced–The probate itself does not disclose any bequest in favour of R– Trust deed was executed in the year 1977–Appellant challenged it without disclosing when or how he acquired the knowledge–Such prolonged silence renders the pleaded cause of action highly improbable and illusory–Held, plaint was rightly rejected.
