PRADEEP NANDRAJOG, J.

( 1 ) 1. Defendant's application IA No. 1617/2004 is being disposed of by the present order.

( 2 ) APPLICATION invokes Order 7 Rule 11 (a) praying that the plaint be rejected.

( 3 ) GROUNDS on which rejection of the plaint is sought is that case of the plaintiff is based on a will dated 6. 7. 1999 executed by Late Rajmata kamalendumati Shah. It is stated in the application that the deceased died of brain cancer while staying at Dehradun on 15. 7. 1999. She was aged 97 years. The will relied upon has been executed at a place called Chuwari in Himachal pradesh which is at a distance of 600 kms from Dehradun. Accordingly, it is stated that the will is shrouded in mystery.

( 4 ) MEDICAL record of the deceased is sought to be relied upon to show that on 9. 7. 1999 the deceased was at Dehradun.

( 5 ) SECOND ground taken is that the will has not been probated and therefore cannot be used as a document of title.

( 6 ) THIRD ground for rejection of the plaint is that vide deed of trust dated 31. 9. 1970 the suit properties were vested in a trust and the deceased had completely divested herself from the property. Accordingly, it is stated that the deceased could n