The main legal point established in the judgment is the exclusive jurisdiction of the Probate Court in deciding the validity of a Will and the special nature of probate proceedings, as well as the implications of Section 10 CPC and Section 9 CPC.

ORDER :- The petitioner, above-named, has filed this petition for grant of probate of registered Will dated 8-11-1977 executed by Col. Iqbal Singh, AVSM, MC, M-in-D (Retd.), who is stated to have died at Panchkula, Haryana on 4-11-2000. The estate of the deceased, which is the subject matter of the aforesaid Will, comprises of the following immovable properties :

House at D/123, Defence Colony, New Delhi.

Half share to my wife (Shrimati Vijai Kumari Bala) and to my only son Kunwar Amar Deep Singh. In the event of death of my wife, during my lifetime, this whole property is bequeathed to my son Kunwar Amar Deep Singh.

b) Immovable and movable property at BAJWARA.

Half equal share to my wife (Shrimati Vijai Kumari Bala) and to my only son Kunwar Amar Deep Singh. In the event of death of my wife, during my lifetime, this whole property is bequeathed to my son Kunwar Amar Deep Singh.

c) Plot at Panchkula

Half equal share to my wife (Shrimati Vijai Kumari Bala) and to my only son Kunwar Amar Deep Singh. In the event of death of my wife, during my lifetime, this property is bequeathed to my son Kunwar Amar Deep Singh.

2. Petitioner is the son and one of the legatee in the Will and claims to be the sole executor of the Will dated 8-11-1977. Respondents Nos. 2 and 3 are the sisters of the petitioner and two daughters of the deceased Col. Iqbal Singh. The respondents are opposing the probate petition and have filed objections. One of the objections is that the respondents have already filed a civil suit bearing No. 366/2001 in the Court of Civil Judge Senior Division, Panchkula. Haryana seeking a declaration to the effect that they along with the present petitioner are entitled to inherit the estate of their deceased father in equal 1/3rd share, their father having died intestate leaving behind no Will. It is alleged that in view of the pendency of the earlier suit instituted by the answering respondents, the proceedings in the present petition are liable to be stayed in view of the provisions of Section 10 CPC. The existence and validity of the Will is also assailed on several counts. In the rejoinder, the petitioner

has controverted the objections and pleas raised in the objections and has reiterated the objections made in the petition. It is not disputed that the suit instituted by respondents Nos. 2 and 3 is pending in Civil Court, Panchkula, but it is alleged that the pendency of the said suit has no effect on the proceedings in the present petition as Section 10 CPC is not attracted, the scope of the civil suit and the present proceedings being quite different.

3. In view of the above objection, following preliminary issues were framed on 12-2-2004 :

1. Whether the present probate petition is liable to be stayed under Section 10 of the Code of Civil Procedure, as prayed?

2. Whether the Civil Judge, Panchkula, Haryana, has jurisdiction to decide the validity of the registered Will dated 8th November, 1997, in Civil Suit No. 366/2001 filed by respondents Nos. 2 and 3 against the petitioner and as such, this Court has no jurisdiction to try this probate petition in view of filing of the aforesaid suit?

4. This order proposes to dispose of the above issues which are interconnected. Learned counsel representing the answering respondents has submitted that the suit filed by the respondents in the Panchkula Court is an earlier suit filed in the year 2001 while the present probate petition is a later petition filed in 2002 and the subject matter of the suit and the present petition are the properties at Defence Colony, New Delhi; Panchkula, Haryana and some agricultural land of Village Bajwara, Dist. Hoshiarpur. It is pointed out that in the suit filed by respondents No. 2 and 3 the petitioner has propounded and relied upon the Will dated 8-11-1977 purportedly executed by Col. Iqbal Singh. Existence and validity of the said Will is, however, denied by the present respondents in the said suit. Consequently, the Court of Civil Judge at Panchk