JUDGMENT

M.R. SHAH, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi at New Delhi in F.A.O(OS) No. 11 of 2009, by which a Division Bench of the High Court has dismissed the said appeal and has confirmed the order passed by the learned Single Judge refusing to reject the plaint under Order VII Rule 11 of the CPC, the original defendants have preferred the present appeal.

2. The brief facts leading to this appeal are, that one Smt. Kailash Kapoor, a permanent resident of England, executed a will dated 16.05.1990 bequeathing thereunder all her assets to two of her grandchildren. That the said Smt. Kailash Kapoor died in England on 10.09.2001. According to the appellants, they acted upon the said will and disposed of all the immovable properties of the aforesaid testatrix, possessed in India between 6.9.2000 to March, 2001. That after the death of late Smt. Kailash Kapoor, the High Court of Justice, District Probate Registry of Birmingham, England and Wales issued a probate in respect of the said will vide order dated 21.11.1997. It appears that thereafter in the year 2001, respondent no.2 herein, at whose instance the will wa