Administration suits governed by Limitation Act Art 106 (12 years from legacy payable, post one-year from death); plaint not rejectable under CPC O VII R11 if main reliefs timely, as rejection must be entire plaint.

JUDGMENT :

FIRDOSH P. POONIWALLA, J.

1. The present Suit is filed seeking the following final reliefs:

“(a) That it be declared that the estate of the Late Mother is liable to administered and distributed by the Defendant nos. 8 and 9 on obtaining the probate of her last Will and Testament dated 17th June 2009 in accordance with the terms thereof.

(b) In the alternative to prayer (a) above and only if the aforesaid will of the late Mother is not proved or probated then a fit and appropriate person be appointed as administrator of the estate of the Late mother with all powers to gather/ recover the properties forming part of the estate and to partition / sell the same and thereafter distribute the same in equal shares amongst Plaintiff and Defendant Nos. 1, 5 to 7 on the basis of intestacy.

(c) a fit and appropriate person be appointed as administrator of the estate of the Late Father with all powers to gather/ recover the properties forming part of the estate and to partition / sell the same and thereafter distribute the same in equal shares amongst Plaintiff and Defendant Nos. 1. 5 to 7 on the basis of intestacy.

(d) declare that properties listed at Exhibits "D-1" to "D-7" and "D-8" and / or “D-1 to D-7” such other properties as maybe determined by this Hon'ble Court constitute the estate of the Late mother.

(e) declare that properties listed at Exhibits "D-1" to "D-7" and "D-8" and / or “D-1 to D-7"such other properties as maybe determined by this Hon'ble Court constitute the estate of the Late Father;

(f) the Defendant Nos. 1 to 4 be directed by an order and mandatory injunction to hand over the entire estate and/or such properties as may form part of the estates of the late mother and late father which are inter alia in their possession, custody or control including those set out in Exhibits "D-1" to "D-7" and "D-8" and / or “D-1 to D-7" and Exhibit “E” to the Plaint to Defendant Nos. 8 and 9 and/or any persons appointed as Administrators by this Hon'ble court as the case maybe, for the purposes of administrating the estates of the late mother and late father.

(g) the Defendants be ordered and decreed to pay to the other heirs of the deceased parents in proportion to such ratios as maybe determined as aforesaid, a sum of Rs.86.11 Crores with interest thereon as losses caused to them on account of the aforesaid the acts of the Defendant nos. 1 to 4 of intermeddling with the estates of the late Mother and late Father, seeking to appropriate /appropriating the same to themselves/ fraudulently disposing of the same and appropriating the sale proceeds as per the particulars set out in Exhibit."L" hereto.”

2. The present Interim Application has been filed by Defendant No.1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the CPC”) seeking the following reliefs:

“(a) That this Hon’ble Court be pleased to dismiss the instant Suit as filed being barred by limitation;

(b)That this Hon’ble Court be pleased to dismiss the instant Suit as filed being as abuse of the process of this Hon’ble Court for litigating the same issue different Courts through different proceedings.”