ORDER

1. Leave granted.

2. The question raised in this appeal is as to whether the High Court was d correct in dismissing the appellants challenge to probate proceedings filed by the respondent on the basis of Section 10 of the Code of Civil Procedure. The High Court was of the view that the mere fact that the appellant had filed civil suit, inter alia, challenging the execution of the Will in question, did not in any way debar the High Court from entertaining probate proceedings in respect of that Will.

3. The only ground on which we entertained the SLP at the outset was the question whether contentious probate proceedings could go on despite Section 10 of the Code of Civil Procedure.

4. It is not in dispute that the Civil Judge before whom the appellant had filed the suit for declaration and injunction would not have the jurisdiction to entertain the probate proceedings. According to the learned counsel f appearing on behalf of the appellant, nevertheless the principles underlying Section 10 of the Code of Civil Procedure would apply because any decision on the civil suit would non-suit the respondent in the probate proceedings and the issues in the civil suit would overlap the i