M.S. Sonak, J.

1. By this Petition, the Petitioner inter alia, seeks a declaration that Section 28-A of the Bombay Civil Court Act, 1869 is void on grounds of inconsistency with and repugnancy to the Section 299 of the Indian Succession Act, 1925.

2. The declaration and consequential reliefs have been sought in the following facts and circumstances:

A) On 25.3.1997, Mr. Ebenezer Walter Baker filed Regular Civil Suit No.167 of 1977 seeking 1/12th share in the properties of late Dr. Baker. The petitioner came to be impleaded as Defendant No.5 in the said Suit, which was ultimately dismissed for want of prosecution.

B) Upon demise of Ms. Eunice D. Baker, the Petitioner vide M.C.A.No.417 of 1997 applied for probate under Section 276 of Indian Succession Act, 1925 in respect of her Will dated 4.4.1985 before the Civil Judge, Senior Division Pune. This was granted by the Civil Judge on 12.12.1997.

C) Mr. Ebenzer Baker thereupon filed M.C.A. No.32 of 1999 under Section 263 of the Indian Succession Act, 1925 seeking revocation of the probate granted on 12.12.1997 before the Civil Judge Senior Division Pune. Upon demise of Mr. Ebenzer Baker, the M.C.A. was pursued by Respondent Nos.3 an