( 1 ) THIS appeal has been preferred by the plaintiff/appellant against the order passed by learned Single Judge on 16. 12. 1999 during the course of recording the statement of Smt. Kaushalya Jhingran, D. W. I. By the said order objection of learned counsel for the appellant was turned down that the original will dated 13. 11. 1975 be not taken on record and be not allowed to be proved.

( 2 ) AFTER notice was issued in this appeal, learned counsel for the respondent raised an objection about maintainability of appeal, which has been filed under Section 10 of the Delhi High Court Act, 1966. It is this question of maintainability of the appeal, which is being considered by us.

"the plaintiff/appellant filed a suit for partition against defendants/respondents No. 1 and 2. The parties are brother and sisters. It was averred that Dr. (Major) Prem Narain Mehra died at Delhi on 11. 12. 1975 leaving behind the parties to the suit as his heirs and on the death of Dr. (Major) Prem Narain Mehra, his estate devolved upon the appellant and the respondents having l/3rd share each therein and prayed for a decree for possession by partition directing separation of the appellant l/3rd