1. This Notice of Motion is taken out by the caveators for, (a) dismissal of the Petition/rejection of the Petition under Order VII Rule 11 of the Civil Procedure Code as no right or interest whatsoever accrues to the Petitioners to seek relief in respect of the grant of the above Petition No.3 of 2015 and (b) the applicants are also praying for initiation of perjury proceedings against the petitioners.

2. The prayer clause (a) is split into two parts, i.e., (i) dismiss the Petition as no right or interest whatsoever accrues to the petitioners or

(ii) reject the Petition under Order VII Rule 11 of the Code of Civil Procedure 1908. Mr. Kurup for the petitioners submitted that this being a testamentary Petition, the question of order VII Rule 11 does not arise and Hindu Succession Act is a code by itself and Code of Civil Procedure does not apply.

I am not going into part (ii) of Mr. Kurup's submission because I am disposing of this Motion on part (i) itself. I am dismissing the Suit for reasons as mentioned below.

3. One Ms. Urvashi Chhabda, a female, died on 09.11.2014 in Mumbai. At the time of her death the deceased had a fixed place of abode at Malbar Hill, Mumbai. The peti