JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with order dated 15.10.2020 passed by learned Civil Judge, Bilaspur, Himachal Pradesh, wherein application under Order VII rule 11 CPC i.e. CMA No. 158/6 of 2020 in Case No. 02/1 of 13 titled Manita v. Rajinder etc., having been filed by petitioner/defendant No.1 (hereinafter, ‘defendant No.1’) for rejection of plaint filed by the respondent No.1/plaintiff (hereinafter, ‘plaintiff’) came to be dismissed, defendant No.1 has approached this Court, in the instant proceedings filed under Art.227 of the Constitution of India, praying therein to set aside the aforesaid order and allow the application for rejection of the plaint having been filed by him.

2. Precisely, the facts of the case, as emerge from the record, are that plaintiff filed a suit for declaration that Will dated 4.3.1995 allegedly executed by late Khoto Ram, thereby bequeathing his entire movable and immovable property in favour of defendants Nos. 1 and 2 is null and void and property allegedly bequeathed in favour of defendants Nos. 1 and 2 is required to be distributed amongst all the Class I legal heirs in equal shares as per Hindu Succession Act.

3. After fra