PRADEEP NANDRAJOG, J.

1. Suit filed by the appellant has been held to be barred by limitation at the preliminary hearing itself.

2. Late Lala Hans Raj Gupta took the A train to heaven on July 03, 1985 and was survived by his wife Ms.Angira Gupta who has since expired and four sons named Deshraj Gupta, Shivraj Gupta, Rajendra Kumar Gupta and Mahendra Kumar Gupta as also two daughters Shashi Jai Krishna and Pratibha Khandelwal. His son Deshraj Gupta propounded a will stated to have been executed by late Lala Hans Raj Gupta on May 28, 1985 and sought probate thereof vide Test.Cas.No.62/1985 which will was supported by Mahendra Kumar Gupta but opposed by Shivraj Gupta. The challenge succeeded when a learned Single Judge dismissed the probate sought vide order dated May 11, 2009 against which appeal filed registered as FAO(OS) No.237/2009 was dismissed by a Division Bench on July 14, 2010. Deshraj Gupta took the matter before the Supreme Court but failed when SLP(C) No.28437/2010 was dismissed on October 25, 2010.

3. In other words, as per Shivraj Gupta, the plaintiff of the suit and the appellant before us, the estate of Late Lala Hans Raj Gupta devolved by intestacy and not tes