Hon'ble M. C. Jain, J. :

Sri Anurag Basaria for the petitioner and Sri. L. P. Naithani for the caveators appear. On the last date, the petitioner, who has applied for the grant of probate in his 'favour on the basis of a will dated 26; 12.1999 allegedly executed by the deceased Swami Omkarananda Saraswati, who died in Austria on 4.1,2000 was required to choose as to whether he wants to prosecute the present proceedings or suit no. 2 of 2000. Which he has filed in the Court of District Judge, Dehradun, The learned counsel' for the petitioner states that the suit as well as there proceedings can be maintained together as per section 215 of the U. P. Reorganisation Act, 1925, He prays for and is allowed two weeks and no more time to file his 'stand in this behalf in writing with copy served on the other side. The caveators-opposite parties may file their reply there to in another two weeks.

2. Another application has been made by the petitioner that the preliminary issue be framed as regards the maintainability of the case. The case has been instituted by the petitioner. The Caveators have a right to file objection. There is no question of trying any issue as preliminary issue