JUDGMENT

RAGHUBIR DASH, J.

1. This appeal is in challenge of the order dated 31.3.2006 passed by the learned Civil Judge (Senior Division), Nayagarh in I.A. No. 117 of 2005 arising out of C.S. No. 203 of 2005 dismissing the appellant’s petition under Order 39 Rule 1 C.P.C.

2. The appellant is the plaintiff-petitioner before the learned lower court. She filed the suit for declaration that under a will dated 8.4.2005 executed by late Debadutta Mohanty she is entitled to administer the plaint schedule properties in terms of the conditions embodied in the will and for permanent injunction restraining Defendant-O.P.No.1 from dealing with the plaint schedule property in any manner.

Undisputed facts are that D.1 and 2 who are Respondent Nos. 1 and 2 in this appeal are the widow and minor daughter, respectively, of deceased Debadutta Mohanty; that the disputed will has been executed in the district of Nayagarh, that plaint Schedule ‘A’ property is a piece of land situate in the district of Khurda, that plaint Schedule ‘B’ properties relate to L.I.C. policies in which the deceased widow is named as the nominee; that plaint Schedule ‘C’ properties relate to Fixed Deposits in S.B.I. which sta