Judgment :-

R.V. Raveendran, J.

1. Leave granted. Heard the learned counsel.

2. The first respondent and appellant are brothers. The first respondent filed a Suit (Civil Suit No.100 of 2006) against the appellant alleging that their father Durganarayan Sharma died on 20.10.2005 leaving a Will dated 21.10.2003 bequeathing portions of property bearing No.B-133, Bapu Nagar, Jaipur (for short the suit premises) to him, and that the appellant who was in possession of the said portions, was liable to deliver possession thereof to the first respondent on the basis of the said Will. The Executors of the said Will were implead as defendants 2 and 3 (respondents 2 and 3 herein).

3. The appellant herein, in turn filed a Civil Suit No.53 of 2007 for partition and separate possession of his one-sixth in the ancestral properties. He also sought a declaration that the Will dated 21.10.2003 propounded by the first respondent was fabricated, null and void. In the said partition Suit, first respondent and his son were impleaded as defendants 1 and 6; appellant’s another brother and three sisters were impleaded as defendants 2 to 5; the son of another brother who had been given away in adoption was im