IA No.3288/2018 (for exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

CS(OS) 102/2018 & IA No.3287/2018(of the plaintiffs u/O XXXIX R 1 & 2 CPC)

3. The three plaintiffs, namely (i) Rakesh Kumar Juneja, (ii) Dinesh Kumar Juneja and (iii) Phool Juneja have filed this suit against the sole defendant for the following reliefs:-

“(a) pass a decree ordering cancellation of probate order dated 10.09.2015 and the formal order dated 27.05.2017 based thereupon;

(b) pass such other and further order(s) as this Hon’ble Court may deed fit and proper under the facts and circumstances of the present case.”

4. The suit is listed subject to the office objection as to court fees and jurisdiction. 5. The plaintiffs had earlier filed Test Case No. 73/2017 which had come up before this Court on 18th December, 2017 and which was dismissed vide detailed order dated 18th December, 2017. Rather than repeating the facts, it is deemed appropriate to reproduce the said order dated 18th December, 2017 herein:-

“3. This Petition under Section 263 of the Indian Succession Act, 1925 seeks revocation of the probate ordered to be granted of the document dated 7th June, 2003 as