Mr. Rajesh Bindal J.: - One of the defendants is before this court challenging the order dated 15.11.2011, passed by the learned court below, whereby the application filed by him under Order 7 Rule 11 read with Section 151 CPC and also under Section 11 CPC for rejection of the plaint was dismissed.

2. Learned counsel for the petitioner submitted respondent No. 1- plaintiff filed a suit for declaration, inter-alia, challenging clause 5 of the Will dated 13.10.1993 executed by deceased-Kartar Kaur, in which application was filed by the petitioner-defendant No. 1 under Order 7 Rule 11 read with Section 151 CPC and also under Section 11 CPC for rejection of the plaint on the ground that the Will in question had already been upheld upto this court, hence, the suit filed for challenging the clause thereof was barred by law. Reliance was placed upon Chaman Lal Kapur and others v. Kundan Lal Kapur, AIR 1979 Delhi 240 Amar Singh and others v. Lal Singh and others, (1997) 11 SCC 570 in support of the submission that the Will has to be read in its spirit as is executed by the testator and none of its clause can be challenged by the beneficiaries.

3. On the other hand, learned counsel